IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10646 of 2010 DILIP YADAV SON OF LATE SHRI NARSINGH YADAV Versus STATE OF BIHAR ----------- 3. 27.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 307/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that on account of an earlier case between the parties the petitioner fired at the informant, due to which he was injured. The submission is that the petitioner was not an accused in the earlier case, which is mentioned in the first information report as per the information slip annexed in the supplementary affidavit nor is he an accused in the case mentioned in the impugned order. The first information report and charge sheet are annexed in the supplementary affidavit. The further submission is that even though the allegation against the petitioner is of having fired, but the injury report reveals that only simple injury caused by hard and blunt substance has been sustained by the informant. In view of such and also that the petitioner has no criminal antecedents and is in custody since 24.11.2009, 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, Bhagalpur in - 2 - Nathnagar (Madhusudanpur) P.S.case No.446 of 2005, 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit 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 and (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. Narendra/ ( Anjana Prakash, J. )