IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13587 of 2011 Dinesh Kumar Yadav, S/o Sri Lal Muni Singh. Versus The State of Bihar ---------------- 03. 05.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. The First Information Report was instituted against unknown persons for the murder of the father of the informant thereafter one unknown person who was later identified as one Ranjan. During investigation it transpired that the petitioner and deceased Ranjan had been commissioned by one Sanni who gave a pistol to Ranjan to go and kill one Chunmun with whom he had some rivalry. The petitioner and deceased Ranjan went to the house of Chunmun and fired at his house. While they were returning on the motorcycle driven by the petitioner on which deceased Ranjan was boarded, it dashed against the Bolero Car of deceased Brajesh and they entered into an altercation at which Ranjan fired at the deceased Brajesh causing his death. While this was happening Chunmun came there and killed deceased Ranjan who had been commissioned to kill him. The petitioner being 2 present there was variously assaulted on account of which he was injured. He then filed a First Information Report against 4-5 unknown persons but not disclosing any real state of affairs. Considering that there is no allegation that the petitioner caused the death of any of the deceased and that he has fair antecedents, 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 as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 172 of 2011 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 bailor shall be the maternal uncle of the petitioner namely Harendra Singh. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the 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 3 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 in any other case will be verified by the Magistrate concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)