IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28583 of 2009 KAMESHWAR SINGH, S/o Late Jagarnath Singh. Versus THE STATE OF BIHAR ----------- 04. 14.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that even though five persons including the petitioner are said to have fired upon the deceased who sustained thirteen injuries but the injury on the chest was found to be the cause of death which is not attributed to the petitioner specifically, let the petitioner above named who is in custody since 04.03.2009 and has no criminal antecedent nor had differences with the deceased who was objecting the acts of co-accused Uma Shankar Singh, the present Mukhia 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, Sikrahna at Motihari in connection with - 2 - Patahi P.S. Case No. 71 of 2008 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. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) 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. Vikash/- (Anjana Prakash, J.)