IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8319 of 2010 MANOJ SINGH @ MANOJ CHOUDHARY SON OF RAMBALI CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 10.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 120B/34, 324, 326, 307, 302/34 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that the petitioner is just a member of the mob and the main allegation of firing upon the deceased is against Bandua Singh, Nistvedak Chaudhary, Pankaj Kumar Singh alias Bageri and against Niranjan Chaudhary of causing hurt to Sandeep Chaudhary as also that the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 28.7.2009, 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 Chief Judicial Magistrate, Begusarai in Bachhwara P.S.case No.108 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, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (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 - 2 - 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. The fact that the petitioner has clean antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )