IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38439 of 2009 FEKU SINGH @ SANJAY KUMAR SON OF BRIJESH SINGH Versus STATE OF BIHAR ----------- 3. 18.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. In the first information report, the informant has cast a suspicion against co-accused Abhay Singh of having called away the deceased, whereafter his dead body was discovered. Three days later one of the witness Lalendra Yadav was examined stating therein that he had seen some persons assaulting the deceased and had also heard a fire shot and thereafter when he saw the petitioner having been caught by the police, he identified him as one of the assailants of the deceased with the belt. However there is no explanation as to why this eye witness had kept quiet for three days. Taking into consideration the aforesaid facts as also that the death was caused on account of fire arm injury, which is not specifically attributed to the petitioner, who has no criminal antecedent let the petitioner above named, who is in custody since 23.3.2009, 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, Jehanabad in Jehanabad (Karauna) P.S.case No.99 of 2009, subject to the conditions (i) - 2 - 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 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. )