IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20084 of 2010 LAL BIHARI CHAUHAN, SON OF LATE RAJ BALLAM CHAUHAN Versus THE STATE OF BIHAR ----------- 3. 15.07.2010 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, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the deceased allegedly left for the house of the petitioner on his having called him twice on his Mobile and, thereafter, he was shot dead by somebody. It was suspected that the petitioner was involved since he had borrowed some money from the deceased and he refused to return the same. Subsequently, it was said that some clothes of the accused were found near the dead body concealed in a bush. However, considering that there is no eye witness to the occurrence and the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 16.2.2010, 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, Buxar, in Itarhi P.S. Case No. 24 of 2010 subject to the following 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. The bailor will undertake to 2 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 the ground of misuse. (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. (v) 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. S.Ali ( Anjana Prakash, J.)