IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46688 of 2009 MINTU PASWAN, S/o Deoki Paswan. Versus THE STATE OF BIHAR ----------- 02. 14.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 307 and 353 of the Indian Penal Code as well as Sections 25 (1-B) A, 26 (ii), 27 and 35 of the Arms Act. The submission is that the petitioner is not named in the First Information Report and subsequently the material that has transpired is that the petitioner was one of the associates of the deceased miscreant but there is no further allegation that the petitioner was involved in the present occurrence. Taking into consideration the above-mentioned facts as also that apart from being accused in the present case two cases instituted for the same occurrence on the same day the petitioner is not accused in any other case, 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, Gaya in connection with Wazirganj P.S. Case No. 83 of 2009 subject to the - 2 - 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 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 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. Before releasing the petitioner on bail, the Magistrate concerned will satisfy himself that the petitioner is accused in only two cases instituted for the same occurrence on the same day i.e. Wazirganj P.S. Case No. 82 of 2009 and Wazirganj P.S. Case No. 83 of 2009 and if it is found to be incorrect the petitioner will not be released on bail. Vikash/- (Anjana Prakash, J.)