IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30704 of 2010 NANDU MAHTON SON OF PACHU MAHTON Versus STATE OF BIHAR ----------- 3. 15.11.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.147, 148, 149, 323, 341, 325, 307, 452, and 380 of the Indian Penal Code and 27 of the Arms Act. Considering that there is no specific overt-act alleged against the petitioner, who is in custody since 20.6.2008 and till date not a single witness has been examined, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Gaya in Wazirganj P.S. case No.179 of 2005, subject to the conditions (i) That one of the bailors shall be Satyendra Kumar (cousin of the petitioner) and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 2 release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse and, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In case there is any complaint against the petitioner of attempting to tamper the prosecution evidence, immediate steps shall be taken by the trial court to cancel the bail granted to the petitioner. Narendra/ ( Anjana Prakash, J. )