IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15476 of 2010 SONU KUMAR, SON OF LAL BABU PRASAD Versus THE STATE OF BIHAR ----------- 2. 12/05/2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the Informant who was a petty criminal was lured by the co-accused persons to commit petty crime, in course of which, when he accompanied them with the deceased Etab, co-accused Manoj is said to have fired at the deceased due to which he died. The petitioner is not named in the First Information Report and, thereafter, his complicity arose in the confessional statement of the co-accused. However, the manner of occurrence does not leave out any scope for implication of any other accused persons apart from those mentioned in the First Information Report. In view of such, 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 Additional Chief Judicial Magistrate, Patna City, in Mal Salami P.S. Case No. 98 of 2006 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 and the other shall be the sister of - 2 - the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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 proceeding for cancellation of bail on the ground of misuse. (iii)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. (iv)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.)