IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28389 of 2010 DHEERAJ SINGH S/O RAM NIWAS SINGH Versus STATE OF BIHAR ----------- 2. 25.8.2010 Supplementary affidavit filed today be kept on the record. Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 307, 324, 323, 504/34 and 302 of the Indian Penal Code. It has been submitted that in the first information report the allegation is that one Niraj Singh assaulted the father of the informant on the head and thereafter the petitioner and another co- accused also assaulted, but the postmortem examination report reveals a single injury on the head which was the cause of death and, therefore, the petitioner can not be attributed with having caused the death of the deceased. Considering the same as also that the petitioner is in custody since 6.5.2010 and has no criminal antecedents, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Begusarai in Samho P.S.case No.18 of 2009, 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 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 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 and (v) 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. In case the petitioner is found to be tampering with the evidence, it will be open to the informant to file a petition in this regard before the court below, who will then hold an enquiry as required for cancellation of bail. Narendra/ ( Anjana Prakash, J. )