IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22719 of 2011 Rakesh Singh, S/o Shri Ram Nandan Singh @ Ramji Dealer. Versus The State of Bihar ----------------- 03. 06.09.2011 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, Section 27 of the Arms Act and Section 3(2)(V) SC/ST (POA) Act. It has been submitted that in the First Information Report there is a general allegation against three accused persons including the petitioner of having fired at the deceased but the two deceased have received a single fire arm injury. The further submission is that in the further statement of the informant he has stated that even though the petitioner had fired which had not hit at them. Considering the same and the petitioner is in custody since 11.02.2011 and undertakes to be physically present on each date during trial and not tampering the prosecution case, 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 2 satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Giriak P.S. Case No. 20 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 father of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of 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 be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. In case the Trial Court finds the petitioner tampering with prosecution evidence he would take immediate steps for initiating proceedings for cancellation of bail. Vikash/- (Anjana Prakash, J.)