IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41689 of 2009 BRAHMDEO SAHNI Son of Lalo Sahni Petitioner STATE OF BIHAR Opp. Party ----------- 02 02.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code and 27 of the Arms Act It is being stated in the first information report itself that the deceased used to sleep in the field and on the fateful night the petitioner had asked the deceased to accompany him to sleep and assured him that nothing would happen to him but on the said date the deceased was shot dead and the petitioner along with others were seen fleeing away from the place of the occurrence on the said night by the informant. The informant has alleged that the deceased had land litigation with his cousin Pramand Sahu but the petitioner did not have any motive to commit the crime. Taking into consideration the aforesaid facts as also that the petitioner has no criminal antecedent, let the petitioner 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 Sri Deepak Kumar, Judicial Magistrate, Ist Class, Begusarai in Khodawandpur P.S. Case no. 53 of 2009 subject to 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 - 2 - (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 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. shahid (Anjana Prakash, J)