IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.801 of 2010 MD.ARMAN, S/o Md. Amanullah. Versus THE STATE OF BIHAR ----------- 02. 19.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that in the First Information Report specifically six persons have been named out of whom two co-accused namely Chhotu and Bismillah are said to have been specifically fired upon the deceased and the petitioner has not been named in the First Information Report nor any specific overt act is alleged against him and his name transpired belatedly through some witnesses who had stated that they had seen the petitioner fleeing away from the place of occurrence or was an assailant of the deceased which is not believable, in view of the categorical statement of the informant in the First Information Report, let the - 2 - petitioner above named who is in custody since 04.08.2009 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, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 311 of 2009 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 he is related with the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (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. Vikash/- (Anjana Prakash, J.)