IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18933 of 2010 SHIV SAH Versus THE STATE OF BIHAR ----------- 03/ 21.06.2010 Heard learned counsel appearing on behalf of the petitioner and the State. The petitioner is in custody in connection with Neemachandpura P.S. Case No. 47 of 2009 for offences punishable under Sections 447, 341, 323, 324 504 and 307 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner, with reference to the statement of allegations set out in the F.I.R., submits that the allegations are general and omnibus in nature. Learned counsel submits that nothing specific has been attributed to the present petitioner rather the accused persons, in a general manner, have been charged with shooting the informant and his family members and by reason whereof the brother of the informant got a fire arm injury on his right hand. Learned counsel thus submits that no specific overt act has been assigned to the present petitioner. It is further submitted that there is a land dispute between the parties. Having regard to the circumstances aforesaid, let the petitioner Shiv Sah be released on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Neemachandpura P.S. Case No. 2 47 of 2009 subject to the following conditions:- (i) That one of the bailors would be a close relative of the petitioner who would give an affidavit giving genealogy as to how he is related to the petitioner; (ii) The affidavit shall clearly state that the petitioner is not accused in any other criminal case and which shall be verified and if the said affidavit is found untrue, the petitioner shall not be released on bail; (iii) The bailor shall also state in affidavit that he will inform the court below if the petitioner is implicated in any other case of similar nature after his release in the present case and whereafter the court below will be at liberty to initiate proceedings for cancellation of his bail bonds on grounds of misuse; (iv) The petitioner would give an undertaking that he would receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail bonds would be liable to be cancelled for the reasons aforesaid. S.Sb/- (Jyoti Saran, J.)