IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26123 of 2010 BHUSHAN RAI Versus STATE OF BIHAR ----------- 02/ 03.08.2010 Heard learned counsel appearing on behalf of the petitioner and the State. The petitioner is in custody in connection with Bihta P.S. Case No. 66 of 2010 for offence punishable under Sections 147, 148, 149, 323 and 302 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner and the others named in the F.I.R. is of forming an unlawful assembly and of gunning down informant’s father. Learned counsel submits that although there is specific allegation against three of the accused persons, namely, Chhotu Rai, Jaj Rai and Rajeshwar Rai of firing at the father of the informant but no such allegation has been made out against this petitioner. He submits that the informant has simply stated that this petitioner fired from his pistol. He thus submits that the allegation of firing at the father of the informant has been specifically attributed to three persons namely, Chhotu Rai, Jaj Rai and Rajeshwar Rai and not the petitioner. Having regard to the circumstances and the submissions of learned counsel for the petitioner, let the petitioner Bhushan Rai be released on bail on furnishing bail 2 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Bihta P.S. Case No. 66 of 2010 subject to the conditions, that the petitioner would be attending the court below on each and every date fixed in the case. The failure on the part of the petitioner to attend the court below on two consecutive date fixed in the case without rescannable explanation to the satisfaction of the court below would grant liberty to the court below to initiate proceedings for cancellation of his bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)