IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39414 of 2009 NAGESHWAR CHOUDHARY S/O LATE RANGLAL CHOUDHARY Versus STATE OF BIHAR ----------- 2. 19.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that the petitioner was not directly involved in any litigation with the deceased Rangila Choudhary and even though the allegation is that thirteen persons indiscriminately fired and the deceased was riddled with fire arms but the postmortem report reveals only one fire arm injury as also the fact that the informant is the sole eye witness of the occurrence, let the petitioner above named, who is in custody since 5.10.2009, 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 C.J.M., Buxar in connection with Dhansoi P.s.case No.22 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 2 released on bail 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, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )