IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.502 of 2010 DURGA TANTI, S/O LATE BHIKHARI TANTI Versus STATE OF BIHAR **** /2/ 19.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 307, 353 and 34 of the Indian Penal Code and 25(1-b)(a), 26, 27 and 35 of the Arms Act. 3. Taking into consideration the fact that no injury has been caused to any one and the petitioner was not apprehended at the spot nor has any recovery been made from his possession, let the petitioner, above named, who is in custody since 22.09.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Ishakchak P.S. Case No. 41 of 2009 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, on the 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 an accused in any other case and if he is, he shall not be released on bail, (iii) that the bailor shall also state 2 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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J)