IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24141 of 2009 SUDAMA DAS, SON OF YADUNANDAN DAS Versus STATE OF BIHAR ----------- 04. 20.11.2009 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, 341, 323, 427, 302, 452, 506, 379 of the Indian Penal Code and Section 27 of the Arms Act and 17 of the C.L.A. Act. Taking into consideration the fact that in the First Information Report 87 accused persons have been named along with 200 unknown persons and in the midst of firing the informant has stated that the petitioner had fired and killed one Siyaram Sharma which appears to be highly improbable as also the fact that during investigation certain witnesses have stated that in fact the occurrence took place on account of cast rivalry and the villagers of Gauharpur were not involved in the occurrence, let the petitioner above named against whom there is only one case pending be released on bail on furnishing bail bonds of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No. 75 of 2003 subject to the conditions that (i) That one of the 2 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 the 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 (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. Shageer (Anjana Prakash, J)