IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10152 of 2010 PAPPU SAHNI Versus STATE OF BIHAR ----------- 2/ 31.03.2010 Heard both the parties. The petitioner seeks bail in a case instituted under section 302/34 of the Penal Code and section 27 of the Arms Act.. The petitioner is not named in the first information report wherein one Nagmani has been named who later on disclosed the name of the petitioner as his accomplice. However, from the postmortem examination report it appears that there is single firearm injury sustained by the deceased. In view of such circumstance , let the above named petitioner, who is in custody since 02.07.2009, be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of A.D.J., F.T.C. IV, Begusarai in S.T. No. 1215 of 2009, arising out of Khodabandpur P.S.Case No. 37 of 2009 on the conditions : (A) 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. (B) That the bailor shall also state on affidavit that he will inform the court concerned if the - 2 - 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. (C) 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. (D) 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. It has been submitted that the petitioner is accused in one another case which fact will be verified by the learned Magistrate before releasing the petitioner on bail. In case it is found to be incorrect, the petitioner will not be released on bail. ( Anjana Prakash, J ) BTiwary/