IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31269 of 2009 LAL BABU PRASAD KUSHWAHA, SON OF RAMASISH PRASAD KUSHWAHA Versus STATE OF BIHAR ----------- 9. 15.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 414 of the Indian Penal Code, in which Section 307 of the Indian Penal Code was subsequently added, Sections 25(1-B)A, 26, 35 of the Arms Act in which Section 27 of the Arms Act was subsequently added. The prosecution case is that on information that some criminals had thrown Bomb on somebody’s house and also killed a lady, they were allegedly chased by the villagers on account of which someone fired and injured one Bhola Sahni. In course of chase, the petitioner was arrested and Arms were recovered from his possession and he disclosed that he was a hired assassin. However, considering that in the present case, the petitioner has remained in custody since 15.10.2008 and evidently it would not be a case under Section 307 of the Indian Penal Code since the firing was done in course of saving his own life, 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 1st 2 Additional Sessions Judge, East Champaran at Motihari, in Sessions Trial No. 131 of 2009 arising out of Pakridayal P.S. Case No. 65 of 2008 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 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 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 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. S.Ali ( Anjana Prakash, J.)