IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.35146 of 2009 RAMESH MISHRA, son of Sharda Mishra, resident of village- Arwainia, P.S.- Muffasil, District- Siwan … Petitioner Versus STATE OF BIHAR … OP ----------- 2/ 26.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 307 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the reason for the occurrence has been stated that the petitioner, to get the matter compromised in the earlier case had committed the act of firing at the informant, but the fact of the matter is that it was revealed in the earlier case that the petitioner was separate in mess from his brother-in-law and, therefore, a final report had been submitted and, so, there is no question of petitioner having indulged in the present case. Moreover, the injury sustained by the informant is simple in nature. Taking into consideration the above submissions, 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, Siwan, in connection with Barharia P.S. case No.16 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 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, - 2 - (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, 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. JA/- (Anjana Prakash, J.)