IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25571 of 2010 DHARMENDRA SINGH, SON OF VIMAL SINGH Versus STATE OF BIHAR ----------- 2. 29.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Considering that even though the case was initially instituted under Section 302 of the Indian Penal Code but during investigation, it transpired that the deceased had sustained Fire Arm injury in an accidental fire done during a Barat ceremony and, therefore, charge sheet was submitted under Section 304 of the Indian Penal Code, 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 Chief Judicial Magistrate, Vaishali at Hajipur, in Ganga Bridge P.S. Case No. 444 of 2009 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 and the other shall be the father/mother of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner 2 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. (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 case pending against the petitioner will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)