IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29475 of 2010 BANARAS PASWAN S/O LATE MAUJI PASWAN Versus STATE OF BIHAR ----------- 3. 06.10.2010 Heard learned Counsel for the petitioner, learned counsel for the informant and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that 2 persons were dragged out a car and killed by the co-accused Rakesh Paswan and Dharamveer Paswan. Co-accused Pramod Paswan, Ramvrit Paswan and Dharamveer had dragged out Vijay Pandey and the allegation against the petitioner is that he had dragged out the informant who somehow managed and fled away and had retained cash and jewellary of informant’s wife. It has specifically been asserted that the petitioner has no criminal antecedent. Considering that neither is there allegation that the petitioner dragged any of the deceased person nor is there any allegation he caused the death and he has no criminal antecedent, let the 2 petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui (Vena) P.S. Case No. 245/09, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the brother/mother/wife of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an 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 ground of misuse, (iv) That the petitioner will give an 3 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )