IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4424 of 2010 KANHAIYA CHOUDHARY SON OF LATE SRIDHAR CHOUDHARY Versus STATE OF BIHAR ----------- 3. 7.4.2010 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. The informant herself is not an eye witness and she merely stated that she had seen some motorcyclists fleeing away and identified the petitioner as one amongst them. The further allegation is that three persons have fired at the deceased and motorcyclists were identified as the petitioner, Bambam Giri, Pappu Choudhary, Sanjay Choudhary, Upendra Das, Dablu Jha and Naresh Choudhary, out of whom other witnesses stated that Dablu Jha, Bambam Giri and Sanjay Choudhary had fired at the deceased. In view of such, let the petitioner above named, who is in custody since 1.11.2009 and has no criminal antecedents as per the report, 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, Samastipur in Musrigharari P.S.case No.82 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 bailor shall also state on affidavit that he will - 2 - 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 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 and (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. Narendra/ ( Anjana Prakash, J. )