IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23018 of 2011 Babulal Sharma, son of Late Chandradeo Sharma Versus The State Of Bihar ----------- For the petitioner : Mr. Radha Krishna Singh, Adv. For the State : Mr. R.B. Roy ‘Raman’, A.P.P. --------------- 3. 16.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 324, 307, 379, 504 and 302 of the Indian Penal Code. Considering that the petitioner and the Informant are brothers and this occurrence took place in the heat of the moment without any premediation, 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 to be fixed by the court concerned to the satisfaction of IInd Additional Sessions Judge, Siwan, in connection with Sessions Trial No. 345 of 2010 arising out of Guthani P.S. Case No. 23 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 undertake to furnish information to the court about any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the 2 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 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. If any complaint about the petitioner tampering with the prosecution evidence, steps shall be taken for cancelling his bail. S.Ali ( Anjana Prakash, J.)