IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41114 of 2009 BHOLA SINGH, S/o Hari Singh @ Hali Singh. Versus THE STATE OF BIHAR ----------- 03. 17.12.2009 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 324, 307 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that from the First Information Report itself it is apparent that the petitioner did not intend to cause the death of Pappu Lal Sah who was selling vegetables where the occurrence is said to have taken place and his fire had hit him accidentally and therefore the submission is that it would not be a case under Section 302 of the Indian Penal Code against the petitioner. Taking into consideration the afore- mentioned facts, let the petitioner above named who is in custody since 24.06.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties - 2 - of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in connection with Piro P.S. Case No. 115 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 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 the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)