IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12650 of 2010 BABBAN KUNWAR son of Ramdeo Kunwar Versus THE STATE OF BIHAR ----------- 2/ 27.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. Two fard-e-bayans were given with regard to the same occurrence; one by Sanjay Kumar Mishra, the present informant and another by Shyam Kishore Mishra, about an occurrence which took place on 4.3.99. Both the fard-e-bayans have been given belatedly since the one was given on 28.5.99 and another was given on 21.3.1999. In both the statements, main allegation of causing death of the deceased is upon co-accused Pinku Kunwar, whereas, petitioner is said to have fired at one of the injured. In view of such, let the petitioner, above named, who is in custody since 22.1.2010 and has no criminal antecedent, 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 Sri S. N. Ram, Judicial Magistrate, 1st class, Begusarai, in connection with Ballia P.S. case no.113 of 1999, 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 - 2 - 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 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. JA/- (Anjana Prakash, J.)