IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21914 of 2010 GOPAL RAI SON OF RAM BAHADURE RAI Versus STATE OF BIHAR ----------- 2. 6.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 342, 323, 325, 307, 379 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the accused persons altercated with one Ramjee Singh on a petty matter and thereafter co-accused Indrajeet Rai is said to have assaulted him on the head and when they were going for treatment, they were once again waylaid by a mob. However, subsequently it was stated that it was the petitioner, who had fired which hit Ghanshyam Singh. The submission is that in the first information report there is no mention of any specific overt-act against the petitioner and from the facts of the case it does not appear to be a case u/s.307 I.P.C. In view of such, let the petitioner above named, who is in custody since 13.4.2010 and has no criminal antecedents, 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, Chapra in Chapra Town P.S.case No.182 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 - 2 - petitioner. The bailor will undertake to furnish information to the court about any change in the 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 the ground of misuse and (iv) 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. Narendra/ ( Anjana Prakash, J. )