IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13360 of 2010 JWALA SINGH son of Janardan Singh Versus THE STATE OF BIHAR ----------- 2/ 29.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 341, 323, 337, 504/34 of the Indian Penal Code. Considering that there is no specific overt act alleged against the petitioner and the submission that had the intention been to kill the informant, the arms would have been used for firing and not for scaring away the general public, let the petitioner, above named, who is in custody since 9.2.2010, 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 the Additional Chief Judicial Magistrate, Barh, Patna, in connection with Barh P.S. case no.165 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. 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 petitioner is accused only in Barh P.S. case no.114 of 2006, which fact will be verified by the court below, (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, and - 2 - (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. JA/- (Anjana Prakash, J.)