IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40722 of 2009 TOFFANI KUMAR RAI, SON OF DABINDRA RAI Versus STATE OF BIHAR ----------- 4. 19/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 307, 34 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was added. In the dying declaration given in the form of First Information Report, the petitioner is said to have caught hold of the deceased whereas the co-accused Shankar Kumar Jha and Ravi Shankar Kumar are said to have fired upon him. Taking into consideration the fact that the petitioner is in custody since 13.12.2003 and from the report of the Police it appears that he has no antecedents, 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 Fast Track Court No. III, Patna, in connection with Sessions Trial No. 648 of 2004 arising out of Kotwali P.S. Case No. 579 of 2003 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. (ii)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 - 2 - proceeding for cancellation of bail on the ground of misuse. (iii)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.)