IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16170 of 2010 CHANDRAMAULI @ CHANDRAMAULI PRASAD SON OF LATE PRATAP MAHTO @ RAM PRATAP MAHTO Versus STATE OF BIHAR ----------- 3. 14.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that on the date of occurrence in fact, the brother of the petitioner had been shot dead by the deceased and other co-accused persons and in retaliation to the same the present occurrence took place a mention of which has been made in the present First Information Report. Considering the same and also that other co- accused persons were put on trial were acquitted of the charges on account of witnesses not supported their case, let the petitioner above named, who is in custody since 5.5.2008, 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 Sessions Judge, F.T.C. 1st, Bihar Sharif at Nalanda, in Sessions Trial No. 20 of 2009 arising out of Sarmera P.S. Case No. 75 of 2001 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 2 how he is related with the petitioner and the other shall be the wife of the petitioner. The bailor will undertake to furnish information to the court about any change in 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. S.Ali ( Anjana Prakash, J.)