IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15191 of 2010 MITHLESH MANJHI, S/o Baishakhi Manjhi. Versus THE STATE OF BIHAR ----------- 03. 24.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that when the son of the informant was returning from a fair at about 11 P.M. the informant heard the sound of firing. When he went to the terrace he found the petitioner targeting the deceased. The submission is that during investigation a number of witnesses stated that in fact no one was eye-witness and when they reached the place of occurrence the informant did not disclose the name of the petitioner as one of the assailants. The further submission is that the informant also filed a petition before the police authorities that the petitioner was wrongly mentioned as an accused upon which an inquiry was done and the informant when re-examined stated that the petitioner was not one of the miscreants. 2 In view of such and also that against the petitioner there is only one other case pending between the informant and the petitioner, let the petitioner, above named 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 Additional Sessions Judge, F.T.C-I, Jehanabad in connection with S.Tr. No. 333 of 2007/164 of 2008 arising out of Ghoshi (Hulasganj) P.S. Case No. 27 of 2005 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. (iii) That the petitioner will give an undertaking that he will receive the police papers on 3 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. (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. Vikash/- (Anjana Prakash, J.)