IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22102 of 2009 ADITYA KUMAR JHA S/O RAMAKANT JHA, VILLAGE TARAR, P.S. SANHAULLA, DISTT. BHAGALPUR …… PETITIONER Versus STATE OF BIHAR ----------- 4. 16.9.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that the petitioner is said to be member of an unlawful assembly and the specific overt-act of having fired on the deceased is upon co-accused Dharmendra Singh alias Commando, let the petitioner above named, who is in custody since 21.3.2009, 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 C.J.M., Bhagalpur in connection with Sanhaulla P.S.case No.101 of 2008, subject to the 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 - 2 - court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial. Narendra/ ( Anjana Prakash, J. )