IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25146 of 2010 KASHI SINGH, SON OF LATE RAM AUTAR SINGH Versus STATE OF BIHAR ----------- 2. 27.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 323, 324, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that while the petitioner was forcibly sowing the crops on his disputed piece of land, the prosecution attempted to stop them at which a firing was done by the accused persons and, thereafter, when the Informant and others were running away and turned around to look at the accused, one bullet fired by the petitioner hit the deceased on the stomach on account of which he died. Considering the background in which the occurrence has taken place as well as the submission that in the facts of the case no offence under Section 302 of the Indian Penal Code would be made out, 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 or any other surety to be fixed by the court concerned to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari, in Trial No. 1839 of 2010 arising out of Ramgarhwa P.S. Case No. 42 of 1994 subject to the following conditions: (i)That one of the 2 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. The bailor will undertake to furnish information to the Court about any change in address of 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. (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. The Magistrate before releasing the petitioner on bail will verify that the petitioner is not an accused in any other case as also that if any complaint against him with regard to tampering of evidence, immediate steps shall be taken for initiation of a proceeding for cancellation of bail. S.Ali ( Anjana Prakash, J.)