IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15882 of 2010 RAJU SINGH SON OF RAMDEO SINGH Versus STATE OF BIHAR ----------- 2. 14.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 307/34 of the Indian Penal Code. The prosecution case is that while the brother of the informant was sleeping in his Dalan, three accused persons came there, whereafter co-accused Lalu Thakur whipped out a pistol from waist and fired at the deceased, but there is no allegation of any overt-act alleged against the petitioner. In view of such, let the petitioner above named, who is in custody since 19.12.2009, 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 Chief Judicial Magistrate, Saran at Chapra in Marhaura P.S.case No.10 of 2009, subject to the 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 undertake to furnish information to the court about 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 and (iii) - 2 - 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. It has been submitted that the petitioner is an accused only in Marhaura P.S.case No.227 of 2009 dated 13.12.2009, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )