IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33841 of 2010 KAMESHWAR SHARMA, S/o Late Binchu Sharma @ Parsi Sharma. Versus THE STATE OF BIHAR ----------- 02. 07.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 201 and 120B of the Indian Penal Code. It has been submitted that the petitioner is eighty four years of age and during investigation it transpired that the deceased had entered in the house of the daughter-in-law of the petitioner whereafter he was assaulted on account of which he died. Considering the same, 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 or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 10 of 2010 (G.R. No. 181 of 2010) 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 shall 2 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. Vikash/- (Anjana Prakash, J.)