IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1764 of 2010 PAPPU KUMAR @ PAPPU CHAUDHARY SON OF LATE MOHAN CHOUDHARI Versus STATE OF BIHAR ----------- 2. 29.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 326, 307, 302 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the specific case of the prosecution is that the deceased was seen going along with two named accused persons wherein the petitioner was not named and, therefore, there was no scope for further implication of any other person, but on the report of the Spy the petitioner has been roped in the case without any legal evidence. Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 10.6.2009, 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 C.J.M., Patna in Pirbahore P.S.case No.151 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 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 - 2 - liberty to initiate the proceeding for cancellation of bail on the ground of misuse of bail, (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. Narendra/ ( Anjana Prakash, J. )