IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42526 of 2009 WAKIL MIYAN SON OF MD. MAZHAR Versus STATE OF BIHAR ----------- 5. 15.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 307/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that in the first information report the allegation against the petitioner is of having fired on the informant, but when he was examined by the doctor on the same day the doctor opined that there was a deep abrasion caused by hard and blunt substance. However after about five months the same doctor modified his earlier injury report saying that the injury sustained by the injured was in fact caused by fire arm and, therefore, he had referred him to P.M.C.H. There is no reference of any injury report of P.M.C.H., Patna. Taking into consideration the aforementioned facts as also that the petitioner has remained in custody since 25.9.2009 and has no criminal 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 to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Bihar P.S.case No.275 of 2002, 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 - 2 - 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 court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse of bail and (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. Narendra/ ( Anjana Prakash, J. )