IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37914 of 2009 SHIVJEE ROY SON OF SHIV CHARAN ROY Versus THE STATE OF BIHAR ----------- 2. 22/01/2010 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 and 302 of the Indian Penal Code and Section 27 of the Arms Act. On account of firing and cross-firing between the two groups of miscreants, two cases were instituted; one bearing Naugachia P.S. Case No. 341 of 2006 and the other one is the present case bearing Naugachia P.S. Case No. 342 of 2006. A number of persons totalling to about 24 were altogether made accused in both the cases in which three persons lost their lives. However, there is no specific overt act against the present petitioner about whom there is a report that he is an accused in only one more case including the present one. Under the circumstances, let the petitioner above named, who is in custody since 18.4.2009, 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 Additional Chief Judicial Magistrate, Naugachia, Distt. Bhagalpur, in connection with Naugachia P.S. Case No. 342 of 2006 subject to the following conditions: (i) That one of the 2 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 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.)