IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21552 of 2009 CHANDESHWAR KURMI Versus STATE OF BIHAR ----------- 03/ 26-02-2010 Heard learned counsel appearing on behalf of the petitioner and the State. The petitioner has been charged with an offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Substance of allegation against the petitioner is of assaulting the informant and others while they were taking meal at their house. It is alleged that the petitioner was armed with a gun. It is further alleged that the accused persons made firing which resulted in death of one Sheo Kumar Pati Tiwary. Learned counsel for the petitioner submits that there is no direct allegation on the petitioner save and except that he was armed with a gun. He submits that the allegations are general and omnibus in nature. He further submits that although the petitioner has taken into custody belatedly but he is in incarceration since 4.4.2009 for a general and omnibus nature of allegation. Having regard to the submissions made above, let petitioner Chandeshwar Kurmi be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Assaon P.S. Case No. 42 of 1991 subject - 2 - to the condition that his own brother who has sworn the affidavit in the High Court should also stand as one of the surety before the Court below. The petitioner would be attending the trial on each and every date fixed in the case and the failure on the part of the petitioner to attend the trial court for two consecutive dates without any reasonable explanation to the satisfaction of the trial court would entitle the court below to take appropriate action for cancellation of his bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)