IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35297 of 2009 KAILASH SHARMA @ KAILLU SHARMA, son of late Saryu Sharma, resident of village Naroun, P.S. Shambhuganj, district Banka .. Petitioner Versus 1. THE STATE OF BIHAR 2. NANKI DEVI, wife of late Girish Manjhi, resident of village Ghuthiyara Tola Phulharia, P.S. Phulli Dumar (Amarpur) district Banka .. Opposite Parties **** /2/ 15.10.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 147, 148, 149, 448 and 302 of the Indian Penal Code, 27 of the Arms Act and 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Taking into consideration the fact that the petitioner is not named in the first information report and subsequently the police misdirected the investigation implicating the present petitioner for which the informant filed a protest petition saying that wrong persons were being implicated, let the petitioner, above named, who has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with 2 Amarpur/Phullidumar P.S. Case No. 144 of 2008 to the satisfaction of the Chief Judicial Magistrate, Banka, on the conditions 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, 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 and that the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)