IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3856 of 2010 MD.SONU @ MD.ASIF, son of late Md. Talib Versus THE STATE OF BIHAR ----------- 3/ 05.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 324 and 307 of the Indian Penal Code. The prosecution case is that on 15.8.2009, the informant was shot at by the present petitioner but he was arrested at the spot while co-accused ran away and was variously assaulted by the crowd which gathered there. However, there is no record as to what happened to the petitioner thereafter. On the next morning on 16.8.2009 at 9 am the informant is said to have lodged the present case without mentioning the whereabouts of the present petitioner which appears to be very strange in the circumstances of the case. There are documents to show that the petitioner has clean antecedents and has good moral conduct. Under the circumstances, let the petitioner, above named, who is in custody since 15.8.2009, 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 the Additional Sessions Judge-I, Danapur, Patna, in connection with Sessions trial No.1505 of 2009 arising out of Danapur P.S. case no.242 of 2009, subject to the 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, (ii) that the affidavit shall clearly state that - 2 - 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, and (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. JA/- (Anjana Prakash, J.)