IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12928 of 2010 SHAMBHU YADAV, SON OF YAMUNA YADAV @ RAMUNA PAHALWAN Versus THE STATE OF BIHAR ----------- 2. 19.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 307, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that while the Informant was sitting inside the house, he heard two gun shot at the gate due to which he went there and found his son injured with gun shot injury. The deceased disclosed that his Bank staff Manoj had sent two persons to get him killed. Subsequently, a number of persons were rounded up and their confessional statement were recorded wherein the petitioner’s name has transpired. The submission is that even though the definite case of prosecution is that only three persons were involved in the occurrence, seven persons including the petitioner have been charge sheeted which shows that it is the handiwork of the Police that they have been charge sheeted, despite there being no material against the accused persons. In view of such, let the petitioner above named, who is in custody since 6.1.2010, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the 2 like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in Rampur P.S. Case No. 124 of 2001 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 mother of 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 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.)