IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27385 of 2010 1. MANOJ TIWARY, S/o Late Agnideo Tiwary. 2. Santosh Tiwary, S/o Sri Suresh Tiwary. Versus THE STATE OF BIHAR ----------- 02. 13.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 341, 323 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that even though in the First Information Report the allegation is that both the petitioners had fired at the deceased but subsequently some witnesses stated that it was Santosh Tiwary who had fired and caused the death of the deceased. The further submission is that only fire arm injury was found on the person of the informant. In view of such, I am not inclined to grant bail to the petitioner No. 2, Santosh Tiwary. The prayer for bail is rejected. Whereas petitioner No. 1 is concerned, considering the same, let the petitioner No. 1, Manoj Tiwary 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, Buxar in connection with Brahmpur Nainijor 2 P.S. Case No. 357 of 2009 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not 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. (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. (v) 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. Vikash/- (Anjana Prakash, J.)