IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12557 of 2010 RINKU SINGH SON OF CHALITAR SINGH Versus STATE OF BIHAR ----------- 4. 23.6.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 342, 341, 387, 324, 307/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that on 23.3.2008 the complainant/informant was allegedly kidnapped by the accused persons and a ransom was demanded from him and on his refusal to do so he was shot on the head by the petitioner. This complaint was instituted on 16.1.2009, which was sent for investigation u/s.156(3) Cr.P.C. In the complaint petition itself it has been stated that the complainant regained his consciousness in the clinic of Dr. Sanjay Kumar at Begusarai and it has been revealed that the petitioner was first admitted in the clinic Dr. Sanjay Kumar on 26.3.2008, but no information had been given about the occurrence and in fact it was noted by the Officer Incharge, Beldaur P.S. that the injured was not in a position to give statement. The present allegations against the accused persons have been lodged only after about 10 months of the occurrence. In view of such, let the petitioner above named, who is in custody since 19.2.2010 and has fair antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with - 2 - two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Beldaur P.S.case No.12 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. 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 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. Narendra/ ( Anjana Prakash, J. )