IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9135 of 2010 DINANATH PASWAN @ DINANATH PRASAD, S/o Mauji Paswan. Versus THE STATE OF BIHAR ---------- 03. 26.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 and 120B of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the informant was given information about his brother-in-law having been shot at by unknown miscreants while they were come to the Doctor by the present petitioner who was the driver of the said car. Subsequently the petitioner who was mentioned as a witness in the First Information Report was made an accused on the basis of suspicion and confessional statement was extracted from him. The submission is that had the intention of the petitioner been otherwise he would not have informed the informant about the occurrence and taken the deceased for further treatment to save his life. It has also been submitted that the petitioner has no criminal antecedent. In view of such, let the petitioner above named who is in custody since 17.06.2009 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 2 Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S. Case No. 166 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. 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 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.)