IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9431 of 2010 AMOD TIWARI, SON OF JANAK PRASAD TIWARY Versus STATE OF BIHAR ----------- 2. 17/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that only allegation against the petitioner is of having given orders but the allegation of firing upon the deceased is on co-accused Virendra Yadav, Ramashish Yadav and Surendra Yadav, let the petitioner above named, 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, Gopalganj, in connection with Gopalganj P.S. Case No. 18 of 2010 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 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 - 2 - 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. (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. It has been submitted that the petitioner is an accused only in one other case which fact will be verified by the Magistrate before releasing the petitioner on bail. S.Ali (Anjana Prakash, J.)