IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8323 of 2010 HARENDRA SHARMA, SON OF DWARIKANATH SHARMA Versus THE STATE OF BIHAR ----------- 2. 11/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. On 2.12.2009 the petitioner’s son was to be married in the village of the occurrence and a dance troupe had accompanied the same. When the dance started, the deceased sat on a chair which was not liked by the present petitioner, and therefore, the petitioner ordered and an unknown person shot at the deceased killing him. It has been submitted that the petitioner’s son was in the process of being married and it is not expected that he would be so irresponsible so as to disrupt his own marriage party. The chowkidar also instituted a case in this regard but did not name anyone even as a hearsay account. In view of the aforesaid and also that the petitioner is a school teacher and is in custody since 24.12.2009, 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, Saran at Chapra, in connection with Ishuwapur P.S. Case No. 64 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 - 2 - affidavit giving genealogy as to how he is related with 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 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. S.Ali (Anjana Prakash, J.)