IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.964 of 2010 SURESH PASWAN, S/o Mahadev Paswan. Versus THE STATE OF BIHAR ----------- 02. 14.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that even though the petitioner was named as an accused among the eighteen persons who had generally fired at the deceased but during investigation it transpired that one of the deceased, Sita Ram Rai was a veteran criminal and probably killed by his own gangmen. It has further been submitted that the other deceased, Chandeshwar Rai one month before the occurrence filed a Sanha apprehending danger from certain persons wherein the present petitioner was not named. Under the circumstances, let the petitioner above named who is in custody since 01.10.2009 and has no criminal antecedent be released on bail on - 2 - furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 487 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.)