IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25656 of 2010 BISHESHWAR YADAV S/O LATE RAMASHISH YADAV Versus THE STATE OF BIHAR ----------- 2. 29.7.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 307, 56, 147, 148, 149, 341, 323, 506 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that for the occurrence dated 29.10.2009 two cases were instituted; one by the accused and other by the prosecution side. In the First Information Report, instituted against the petitioner allegation is that three persons had fired on the deceased but the post mortem examination report reveals that only one injury each were sustained by the two deceased. The further submission is that the petitioner was also grievously injured in the transaction which is evident from Annexure no. 4. Also, the occurrence took place on account of land dispute. In view of such, 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 2 the satisfaction of the learned Sub Divisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. case no. 453/2009, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of 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, (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. Fahad. (Anjana Prakash, J)