IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16726 of 2010 PRAMOD PRASAD, S/o Late Raj Kumar Prasad @ Late Badri Prasad. Versus THE STATE OF BIHAR ----------- 05. 11.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 340 of the Indian Penal Code and Section 27 of the Arms Act. There is an allegation in the First Information Report against the petitioner of having fired at one of the deceased but on the last occasion an argument has been made on behalf of the co-accused, Munna Singh that the entries of the case diary revealed that in fact there was interpolation in the same and therefore the First Information Report was not trustworthy on account of which co-accused Munna Singh was granted bail. The petitioner’s case stand on the similar footing. In view of such, let the petitioner, above named for the same reasons as mentioned in the order dated 08.03.2010 vide Cr. Misc. No. 2609 of 2010 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the 2 like amount each to the satisfaction of 4th Additional Sessions Judge, Nalanda at Bihar Sharif in connection with S.Tr. No. 302 of 2010 arising out of Silao P.S. Case No. 50 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 and the other bailor shall be the wife/brother/brother-in-law of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of 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 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. (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 3 the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) 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. The fact that the petitioner has no criminal antecedent now will be verified by the Magistrate concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)