IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10588 of 2010 RAJESH SINGH @ RAJESH KUMAR @ GUGGA SON OF RAJ BALLAV SINGH @ RAJ BALLAV KUWAR Versus STATE OF BIHAR ----------- 2. 12.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the petitioner and co- accused had taken the deceased on 10.7.2009 at 11.30 A.M. and thereafter the informant learnt at about 4 0’ clock from somebody on phone that her son had sustained fire arm injury on the stomach. When she called the deceased, he also told her that he had been shot at Fatehpur by his callers. However he did not disclose any name. Incidentally on 10.7.2009 one Rajiv Choudhary reported before the Officer Incharge, Bachhbara P.S. that at about 4.15 P.M. the deceased and some other co-accused persons came and fired at one Sandip Choudhary and in the said firing one Kandan Chaudhary lost his life. There is a mention of one other person having sustained fire arm injury. The submission is that in fact the deceased in the commission of the offence as per Annexure-2 had sustained injuries on his person and he died account of it. There is previous history of litigations between the parties and the deceased was also a veteran criminal. - 2 - In view of the above, let the petitioner above named, who is in custody since 12.10.2009, 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 C.J.M., Begusarai in Teghra P.S.case No.138 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 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 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 and (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. In view of nature of allegations against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Begusarai within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. - 3 - The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Narendra/ ( Anjana Prakash, J. )