IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41738 of 2009 VIVEKANAND SINGH @ VIVEKA PAHALWAN son of late Krishna Baldeo Singh Versus STATE OF BIHAR ----------- 4/ 22.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 147, 148, 149, 302, 120-B of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that even though the petitioner was not present at the place of occurrence but it is stated that in fact, he conspired with the co-accused, who is none else but the sons and nephews of the present petitioner. The case diary was called for to see whether there is anything more than what has been stated in the First Information Report and none of the parties are in a position to satisfy this court that apart from the bald statement that the petitioner was in conspiracy in pursuance to which this occurrence took place, there is no cogent material against the petitioner. It further transpires that the brother of the deceased was in fact accused for the murder of the present petitioner’s brother and there is long pending dispute of this nature between the parties. There are strings of cases against the brother of the deceased Sachdanand Singh i.e. Anant Singh and at least one case of murder against the deceased Sachidanand Singh. In view of the vague allegation of the petitioner being in conspiracy with the rest of the accused persons and nothing beyond that, I am inclined to grant bail to the petitioner, who is in custody since 15.5.2009. Accordingly, petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) - 2 - with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Barh, Patna, in connection with Barh P.S. case no.350 of 2008, 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, (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 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,(iii) 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, and (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. In view of the criminal antecedent of the petitioner, it will be proper to direct the petitioner to report to the Rural Superintendent of Police, Patna, within fifteen days of his release from jail custody with a copy of this order and every two weeks thereafter for the next one year. The conduct of the petitioner will be kept under watch in this period and if it is found wanting in any respect, a report shall be made to the court concerned, by the Rural S.P., Patna, who will then initiate a proceeding for cancellation of bail for the reasons of misuse of bail. JA/- (Anjana Prakash, J.)