IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10711 of 2010 AJAY SINGH, S/o Baliram Singh. Versus THE STATE OF BIHAR ----------- 02. 13.04.2010 On specific inquiry from the counsel for the petitioner, it is submitted that this Court had never argued in the present case in any of the accused persons. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the informant heard strange sounds in the middle of the night so he went to the place of occurrence and found his father in an injured condition. The deceased is said to have disclosed that co-accused, Bhikhari Singh and his wife had borrowed money from him and on the date of occurrence on their orders the petitioner and four others are said to have fired at the deceased. It has been submitted that the post-mortem examination report reveals that the deceased had sustained - 2 - injuries on his mouth and the entire mandible region had been broken and therefore the deceased could not be in a position to disclose anything to the informant. In view of such and also that the petitioner has no criminal antecedent, let the petitioner above named 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, Saran at Chapra in connection with Parsa P.S. Case No. 91 of 2007 subject to the following 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 also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall 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 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 - 3 - be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (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. Vikash/- (Anjana Prakash, J.)