IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46059 of 2009 MADAN MISHRA, S/O LATE HARAKH NATH MISHRA, R/O VILLAGE SISIRIT, P.S. NOKHA, DISTRICT ROHTAS (SASARAM) .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 11.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302 of the Indian Penal Code and 27 of the Arms Act. 2. Taking into consideration the fact that the petitioner is not named in the first information report and subsequently it has come during investigation that it is the petitioner who was holding the rifle of one Jagropan Mishra, which incidentally went off due to which, unfortunately, the deceased lost his life and the submission is that there is no offence under Section 302 of the Indian Penal Code is made out, let the petitioner, above named, who is in custody since 07.09.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Tarari P.S. Case No. 21 of 2007 to the satisfaction of the Chief Judicial Magistrate, 2 Bhojpur at Ara, on 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 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 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 then his bail will be liable to be cancelled for reasons of misuse and (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. S.A. (Anjana Prakash, J.)