IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27932 of 2011 Md. Ali son of Md. Taslim Versus The State Of Bihar ----------- 3/ 22.11.2011 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion with regard to P.S. Case No. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report, wherein, two persons were allegedly said to have specifically assaulted him and there was general allegation of assault against the rest of the accused persons. In the further statement the petitioner is named by the informant but there is no explanation as to why he has not named the petitioner earlier even though he is well known to the informant. Considering the same, 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 below to the satisfaction of the Additional Sessions Judge-cum-Fast Track Court No.3, Darbhanga, in connection with Sessions Trial No.38 of 2011, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he 2 is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) 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 release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)