IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28894 of 2011 Ghantu Sharma, son of Ramdas Sharma Versus The State Of Bihar ---------------------------------- 3. 25.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Considering that even though there is an allegation against the petitioner of having fired at the hip of the deceased but no such injury was found and death was caused on account of fire arm injuries sustained by the deceased on the head which is attributed to the co-accused Ghultan, let the petitioner above named who has fair antecedent, be released on bail “after framing of charge if his case is not bifurcated” on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of 3rd Additional Sessions Judge, Naugachiya, Distt. Bhagalpur, in connection with Sessions Trial No. 683 of 2011 arising out of Kharik P.S. Case No. 34 of 2011, 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 2 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. (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 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. (v) 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. S.Ali ( Anjana Prakash, J.)