IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15113 of 2010 RAMAUTAR PASWAN, SON OF LATE BABU RAM PASWAN Versus THE STATE OF BIHAR ----------- 2. 11/05/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. The prosecution case is that the Informant and the deceased supposed to have been waylaid by the accused persons including the present petitioner. The Informant ran away from the scene of occurrence who returned to find his brother dead on account of firearm injury. The petitioner is alleged to have been holding a Lathi. Submission is that the petitioner is not a person who caused the death of the deceased and further submission is that the petitioner is an old man aged about 70 years and there is previous land dispute between the parties. In view of such, let the petitioner above named, who is in custody since 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 Sri Amit Raj, Judicial Magistrate, 1st Class, Nalanda at Biharsharif in Sarmera P.S. Case No. 28 of 1995 subject to the following 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 bailor will undertake to furnish information to the Court about any - 2 - 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 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. (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. S.Ali (Anjana Prakash, J.)