IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33993 of 2010 Ramashankar Ram son of Angrahit Ram, resident of village- Govindpur, P.S. Buxar (M), District Buxar.--- petitioner. Versus STATE OF BIHAR—Opp. Party. ----------- 2/ 15-09-2010 Heard the parties. In a criminal prosecution registered under section 307/34 of the Indian Penal Code, the petitioner along with three other persons are named in the F.I.R. as accused. It is submitted that the occurrence in question is said to have taken place on 18.03.2010 and formal F.I.R. vide Annexure-1, was drawn up on 30.03.2010, which creates grave doubt about bonafides and genuineness of the entire prosecution case. It is further submitted that prior to lodging of the present case, an F.I.R. vide Annexure-2, was lodged on 20.03.2010 from the side of the petitioner against the present informant. It is contended that though the petitioner is alleged to be armed with ‘garasa’ but there is no specific allegation that he caused any specific ‘garasa’ injury to the informant. Finally it has been contended that the petitioner is a practicing advocate of civil court, Buxar and a resolution has been passed by the District Bar Association, Buxar that on the date of occurrence the petitioner was present and was engaged in professional 2 work at civil court, Buxar. Taking into consideration the entire facts and circumstances, stated above, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. III, Buxar in connection with S.Tr. No. 245 of 2010, arising out of Buxar (M) P.S. Case No. 69 of 2010, subject to conditions that :- (A) one of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner , (B) another bailor must be one of the office bearers of the District Bar Association, Civil Court, Buxar. (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. BTiwary/ (Birendra Prasad Verma, J.)