IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6902 of 2010 VICKY SAO @ BANTI, son of Dwarika Sao Versus STATE OF BIHAR ----------- 4/ 08.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307, 302/34 of the Indian Penal Code and section 27 of the Arms Act. In the First Information Report, the informant has stated about involvement of four persons specifically named and there is no scope for any fifth person. The petitioner has not been named, but subsequently the confessional statement of the co-accused was recorded, wherein, the petitioner’s complicity was mentioned. Submission is that since in the First Information Report there was no mention of 5th accused and the names of the four accused were already mentioned therein, implication of the petitioner is evidently for extraneous reason. In view of such, let the petitioner, above named, against whom there is only one other case i.e. Alamganj P.S. case no.114 of 2005, 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 the Additional Chief Judicial Magistrate, Patna City, in connection with Alamganj P.S. case no.220 of 2009, 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 - 2 - 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, and (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. The magistrate before releasing the petitioner will verify the fact that the petitioner is accused only in Alamganj P.S. case no.114 of 2005. JA/- (Anjana Prakash, J.)