IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28126 of 2010 RAM CHANDAR CHOUDHARY @ RAGHURAJ SAHNI @ RAM CHANDAR SAHI SON OF LATE RAMASHRAY SAHNI Versus STATE OF BIHAR ----------- 2. 20.8.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 307, 341/34 of the Indian Penal Code and 27 of the Arms Act. The petitioner was refused anticipatory bail by this Court on two occasions and once by the Hon’ble Supreme Court, whereafter he was arrested on 28.6.2010 and, therefore, has preferred this regular bail application. The prosecution case is that when the informant and one Bir Bahadur Prasad were going on a motorcycle, three motorcyclists came one after other and they fired on the informant. This occurrence took place on 24.3.2009 at 5.30 P.M., but the first information report was instituted on 26.3.2009 at 8 A.M. i.e. about 2 days later by the informant in an injured condition while he was in the Hospital. The explanation of the informant is that he was in a precarious condition and, therefore, did not give his statement at an earlier point in time. However, the Counsel for the petitioner points out that in fact the informant was accompanied by Bir Bahadur Prasad and it is surprising that he did not care to give any report with regard to this incident and there is an admitted - 2 - animosity between the informant and the petitioner on account of contesting elections as rival candidates. Considering the same, let the 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 to the satisfaction of C.J.M., Bettiah, West Champaran in Nautan 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. The fact that there is only one other case besides the present one against the petitioner will be verified by the Magistrate concerned before releasing the petitioner on bail. The informant apprehends that the petitioner may - 3 - tamper with evidence once he is released from jail custody. In case there is any complaint in this regard, the court concerned shall take immediate steps for initiating a proceeding for cancellation of bail. Narendra/ ( Anjana Prakash, J. )