IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9633 of 2010 TAPESH MANDAL SON OF SRI BHARAT MANDAL Versus STATE OF BIHAR ----------- 2. 30.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 324, 307, 302 of the Indian Penal Code and 27 of the Arms Act. The background of the case is that earlier some accused persons had killed the mother, cousin and one Rajendra Tanti, for which a case had been instituted by the deceased Arun Kumar Yadav. The accused persons of that case were pressurizing the deceased to withdraw the said case and because he refused he was killed in the present occurrence by the accused persons in the present case. The main allegation of firing upon the deceased is against one Amit Mandal. Thereafter rest of the accused persons are said to have fired upon the deceased. The submission is that the petitioner is not an accused in earlier case instituted by the deceased nor is he charge sheeted in the same and, therefore, he had no occasion to participate in the present occurrence. In view of the above, let the petitioner above named, who is in custody since 29.7.2009, 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, Munger in Jamalpur P.S.case No.47 of 2009, subject to - 2 - 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, (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. )