IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3811 of 2010 PARMA SAH SON OF LATE SIMNI SAH Versus STATE OF BIHAR ----------- 3. 2.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The informant is not an eye witness to the occurrence and he gave a hearsay version that he heard that the deceased had been shot dead by the present petitioner. During investigation certain witnesses appeared, who stated that it was Rakesh Sah, Mukesh Sah and Rameshwar Sah, who had fired at the deceased and there is a general allegation against the petitioner of firing. In view of such, let the petitioner above named, who is in custody since 29.5.2009, 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 Chief Judicial Magistrate, Bettiah, West Champaran in Gopalpur P.S.case No.49 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 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 - 2 - 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 and (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. It has been submitted that the petitioner is an accused in two other cases of minor offences, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )