IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41687 of 2009 KRISHNA KUMAR SINGH @ DABLOO SINGH @ PHITER SINGH Son of Sri Brijbihari Singh @ Birju Singh Petitioner Versus STATE OF BIHAR Opp. Party ----------- 02 02.12.2009 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 and other allied sections of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the facts that the petitioner is merely member of the mob whereas the allegation of firing is against co-accused Seru Singh @ Onkar, Kamlesh Kumar Singh, Bhim Singh and Tuntun Singh, let the petitioner who is in custody since 13.10.2009 and has no criminal antecedent 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 Chief Judicial Magistrate, Buxar in Simri P.S. Case no. 136 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 - 2 - and if he fails 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 (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. shahid (Anjana Prakash, J)