IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46698 of 2009 RAJNISH KUMAR @ CHUHA S/O PARMANAND SINGH Versus THE STATE OF BIHAR ----------- 4. 9.3.2010 Learned Counsel for the petitioner is permitted to make correction in paragraph 13 of the petition in course of the day. 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. From narrative of the first information report, it appears that five named accused and one unknown person have committed this occurrence at the behest of some Anant Da, meaning thereby that the petitioner was involved in criminal activities. For this reason the antecedent report of the petitioner was called for, which reveals that the petitioner is not an accused in any other case and the submission is that the he was not one of the persons who had been hired by anyone for commission of this occurrence. Moreover there is a general allegation against six named and one unknown person of having fired at the uncle of the informant but only two fire arm injuries were found on his person. Under the circumstances, let the petitioner above named, who is in custody since 1.4.2009, 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 Chief Judicial Magistrate, Patna in connection with S.T.No.968 of 2009 arising out of Beur P.S.case No.55 of 2009, subject to the conditions (i) - 2 - 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 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 and (iv) 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. Narendra/ ( Anjana Prakash, J. )