IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8898 of 2010 KANCHAN KUMAR @ KANCHAN SINGH, Son of Vishwanath Prasad, R/o Mohalla Daudbigha, P.s. Agamkuan, District Patna ……….. Petitioner Versus STATE OF BIHAR …. Opposite Party ----------- For the Petitioner : Mr. Shivendra Kr. Sinha, Advocate For the State : Mr. Shivendra Nr. Prasad, A.P.P. ---- 3 18.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 302,307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. As per the allegation as set up in the first information report, the brother of this petitioner Kunal and another co-accused Pramod had fired upon the husband of the informant as well as one other persons, namely Gandhi. However, in course of her further statement the informant disclosed that brother of Kunal had caught hold of aforesaid person, whose name has been disclosed as „Gandhi‟. Learned counsel for the petitioner submits that the petitioner is well known to the informant. However, informant could not name him rather as only “brother 2 of Kumar” has been mentioned. There is specific allegation of firing upon co-accused Kunal and Pramod. Petitioner is having two brothers including Kunal. However, even in the further statement the informant could not named the petitioner. It is submitted that the petitioner had surrendered on 24.12.2009. In the facts and the circumstances of the case, the petitioner, KANCHAN KUMAR @ KANCHAN SINGH, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Patnacity in connection with Agamkuan P.S. Case No. 267 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further, the petitioner shall remain present on each and every date during the course of trial. If 3 the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)