IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4546 of 2010 HARI PRASAD SON OF SHRI BACHU PRASAD SHARMA Versus STATE OF BIHAR ----------- 3. 16.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act. The informant, who happens to be the father of the present petitioner, has alleged suspicion against the present petitioner of having got committed the present occurrence on account of previous dispute with the deceased, his own brother. There is no dispute that the petitioner is not the assailant of the deceased. Belatedly another brother of the petitioner has alleged that the assailant had fired at the deceased on the pointing out of the present petitioner, but strangely enough this fact is not mentioned in the first information report. Some circumstantial evidence has been collected to suggest that in fact the petitioner had got this occurrence committed through hired criminals, but there is no cogent material to support the same. Under the circumstances, let the petitioner above named, who has no criminal antecedents of similar nature of offence and is in custody since 23.9.2009, 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 Chief Judicial Magistrate, Nalanda, Bihar Sharif in Rahui (Wena) P.S.case - 2 - No.209 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 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 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. )