IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12518 of 2010 SUDARSHAN RAI Versus STATE OF BIHAR ----------- 2 23/4/2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bakhtiyarpur P.S. Case no.140 of 2001 instituted for the offence under Sections 147, 148, 149, 379, 307, 302, 385 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration that the petitioner is only alleged to be member of the mob whereas the main allegation of firing and causing the death of the deceased is upon co-accused Nawal Rai and the petitioner has no criminal antecedent, I am inclined to grant bail to the petitioner and accordingly the petitioner Sudarshan Rai is directed to be released on bail on furnishing bail bond of Rs.5000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M, Barh in Bakhtiyarpur P.S. Case no.140 of 2001, subject to the conditions(1) 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 2 with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner, (2) 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, (3) that the bailors 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, (4) 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 (5) the petitioner is directed to 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. Neyaz/ ( Anajan Prakash, J.)