IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25959 of 2010 LALIT SAH, S/o Ram Preet Sah. Versus THE STATE OF BIHAR ----------- 02. 03.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 326, 307/34 and 120B of the Indian Penal Code and Section 27 of the Arms Act and later on Charge-sheet was submitted under Sections 302/34 and 120B of the Indian Penal Code. It has been submitted that the First Information Report was instituted by the deceased himself who stated it was the co-accused Bablu Sah who fired at the deceased while the petitioner was driving the bicycle. It has been specifically asserted that there is only one other case pending against the petitioner of the year 2004. The same shall be verified by the Court below before releasing the petitioner on bail. In view of such, 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 to the satisfaction of Additional District Judge-cum- F.T.C.-III, Samastipur in connection with S.Tr. No. 719 of 2009 arising out of Samastipur Town (Muffasil) P.S. Case No. 160 of 2006 subject to the following conditions:- (i) 2 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 well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In case the petitioner is found to be tampering with prosecution evidence immediate steps shall be taken by the Trial Court. Vikash/- (Anjana Prakash, J.)