IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15178 of 2010 RAJU PASWAN, S/o Shri Ashok Paswan. Versus THE STATE OF BIHAR ----------- 02. 12.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 447, 341, 323, 307 and 504/34 of the Indian Penal Code and Sections 25(1-B) A, 26, 27 and 35 of the Arms Act. The submission is that in the facts of the case no offence under u/s 307 IPC is made out since had the intention been to kill the injured the arms would have been used for firing and not for assaulting as alleged. In view of such, let the petitioner, above named who is in custody since 29.12.2009 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, Gaya in connection with Tekari P.S. Case No. 274 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 2 as to how he is related with the petitioner and the other bailor shall be the maternal grand-father (Nana) of 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 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.)