IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39909 of 2009 MALKI PASWAN @ MALKHI PASWAN, S/o Late Panchi Paswan @ Panch Lal Paswan. Versus THE STATE OF BIHAR ----------- 02. 24.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that in the First Information Report as many as nine accused were named plus four unknown but the main allegation of firing is against Shailendra Paswan and the petitioner is said to be a member of the mob, let the petitioner above named who is in custody since 12.06.2009 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 Judicial Magistrate, 1st Class, Madhepura in connection with Chausa P.S. Case No. 78 of 2003 (G.R. No. 1003 of 2003) 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 - 2 - 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. (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, his bail will be liable to be cancelled for reasons of misuse. (iii) 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. Vikash/- (Anjana Prakash, J.)