IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6310 of 2010 DHRUB SAH @ DHRUVA SAH SON OF LATE AMIR SAH Versus THE STATE OF BIHAR ----------- 2. 3.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 379, 427, 341 of the Indian Penal Code and 27 of the Arms Act as well as Section 17 of the Criminal Law Amendment Act. After a panchayati was held over issue of sticking poster in the village, for which three boys had been caught, the present occurrence took place in which twenty persons participated in the killing of the two deceased. The petitioner is not named in the first information report and his name transpired subsequently during investigation. The submission is that the petitioner does not belong to the M.C.C group and there is only one case instituted against him for the offences u/ss.147, 148, 149, 436, 379 and 341 of the I.P.C mentioned in paragraph 9 of the petition. Under the circumstances, let the petitioner above named, who is in custody since 13.1.2009, 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 Sub Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in Pakaridayal P.S.case No.23 of 2001, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an - 2 - 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. Narendra/ ( Anjana Prakash, J. )