IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45085 of 2009 TUN TUN SINGH, S/o Devendra Prasad Singh @ Devi Singh. Versus THE STATE OF BIHAR ----------- 02. 07.01.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 120B and 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that there is no eye-witness to actual killing and the petitioner is merely said to be just an accomplice and he had no motive to kill the deceased since the earlier dispute of the deceased was with Guddu Singh and not the present petitioner who happens to be a railway contractor and not accused in a case of similar nature, let the petitioner above named who is in custody since 13.08.2009 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 Railway Judicial Magistrate, Patna in connection with Mokama G.R.P. P.S. Case No. 21 of - 2 - 2009 (G.R. No. 364 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 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 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.)