IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8542 of 2010 MAHESHWAR SAH, S/o Late Buchchi Sah. Versus THE STATE OF BIHAR ----------- 02. 12.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is not named in the First Information Report and later on when the owner of the bolero jeep which was used in the crime was arrested he made confessional statement that the petitioner also accompanied him and others to the place of occurrence where the deceased was shot dead by co-accused, Suresh Mahto and Shambhu Singh. Under the aforesaid circumstances, let the petitioner above named who is in custody since 24.12.2009 and has no criminal antecedent 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 Chief Judicial Magistrate, Begusarai in connection with - 2 - Khodawandpur P.S. Case No. 141 of 2008 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. (ii) That the affidavit shall clearly state that the petitioner is not 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. The fact that the petitioner is not an accused - 3 - in any other case will be verified by the Magistrate concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)