IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2609 of 2010 MUNNA SINGH @ RAJ KUMAR SINGH, son of Ranjeet Singh Versus STATE OF BIHAR ----------- 3/ 08.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. Fard-e-bayan of one Pawan Kumar was recorded by the S.I., Silao P.S., Sri S. K. Singh, on 27.04.2009 at 10.00 P.M. in the Sadar Hospital, Biharsharif. Thereafter, an entry was made on the fard- e-bayan itself that Sri T. N. Ray, will investigate the case, which entry was made after registering the case at 11.00 P.M. However, entries of the case diary have been pointed out to the court, wherein, entry no.2 shows seizure list of empty bullet but done at 7.00 PM on 27.4.2009. Inquest of deceased Brijnandan Singh was done at his house at 6.30 PM on the same day. Inquest report of deceased Laxmi Narayan was done at Sadar Hospital premises at 9.45 PM on 27.4.2009, the entry of which is made in paragraph 4 of the case diary. It has been written that information was received at 6.30 PM from the informant Pawan Kumar. Submission is in view of the entries of the case diary mentioned above it is highly doubtful that the First Information Report has been instituted on the date and time purported to have been done and, therefore, the version contained therein also becomes doubtful. Under the circumstances, let the petitioner, above named, - 2 - who is in custody since 10.5.2009, 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 the Additional Sessions Judge, IV, Biharsharif, in connection with S. Tr. No.409 of 2009 arising out of Silao P.S. case no.50 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,(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 and (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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Biharsharif, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to - 3 - initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Let a copy of this order be communicated to the Superintendent of Police, Biharsharif, for needful. JA/- (Anjana Prakash, J.)