IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11895 of 2010 KAMLESH SINGH son of Satrughan Singh Versus STATE OF BIHAR ----------- 4/ 23.06.2010 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. Prosecution case is that twelve accused persons variously armed shot dead the deceased, who was the brother of the informant. The informant has alleged specific overt act against four accused persons. The written report is said to have been received at Simri P.S. at 6.00 PM on 6.9.2009. The seizure list has been annexed along with First Information Report which reveals that the Officer-in-charge, Simri P.S. had prepared the seizure list on 6.9.2009 at 8.15 AM i.e. before the institution of the present First Information Report. The case diary shows that the first entry of the case diary is timed at 15.10, which is also prior to the institution of the First Information Report. Moreover, the inquest report, entry of which is at paragraph 2, is said to have been prepared by ASI Taslim Khan of Town P.S. at 7.45 AM. The post mortem examination report also reveals that the dead body was received at the hospital at 9.30 AM and post mortem examination was done at 9.40 AM. Submission of the counsel for the petitioner is that all these entries demonstrate that in fact the present written report is not the original information and in fact the earlier information has been - 2 - suppressed at some stage and, therefore, the allegations in the present First Information Report are not reliable. In view of such, let the petitioner, above named, who is in custody since 12.9.2009, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Simri P.S. Case No.136 of 2009, 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 is related with the petitioner. The bailors 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 accused in any other case and, if he is, he shall not be released on bail, (iii)That the bailors shall also state on affidavit that they 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 give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)