IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43038 of 2009 SUNIL SHARMA son of late Ramdeni Sharma Versus STATE OF BIHAR 2. 14.12.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307 and 120B of the Indian Penal Code and later on section 302 of the Indian Penal Code was added. Taking into consideration the fact that there is no allegation of firing against the present petitioner upon the victim, who later on died after one month and there is no dispute with the present petitioner and the deceased, let the above named petitioner be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in Delha P.S.Case No.18 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 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 the 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. Md.S. (Anjana Prakash,J.) - 2 -