IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23088 of 2009 SUNIL SINGH @ BUCHCHAN SINGH, son of late Nago Singh, R/O Vill. Kaithama, P.S. Muffasil, district Begusarai .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /4/ 07.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 307, 302, 34 and 120B of the Indian Penal Code and 27 of the Arms Act. 3. The submission is that in the first information report by way of dying declaration the deceased has named Shiv Kumar Singh, Nawal Kumar and Baua as the assailants along with three unknown persons. The petitioner has been named in the first information report on the basis of a speculation on account of an earlier Panchayat election and to show muscle power in the area. The learned A.P.P. concedes that there is nothing in the case diary apart from speculation that the petitioner has committed the said acts, but, has pointed out that the petitioner is an accused in seven other cases of more or less similar nature. Under the circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 186 of 2008 to the satisfaction of the Chief Judicial Magistrate, Begusarai, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as 2 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 and (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 then his bail will be liable to be cancelled for reasons of misuse. 4. The petitioner after his release from custody will report to the Superintendent of Police, Begusarai, every two weeks and his conduct will be kept under watch for the next six months and in case it is not found to be satisfactory the Superintendent of Police will give a petition to this effect before the Court below, who shall initiate a proceeding for cancellation of bail for reason of misuse of bail. S.A. (Anjana Prakash, J.)