IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39264 of 2010 AJAY SHARMA, son of Ram Janam Sharma Versus STATE OF BIHAR ----------- 2/- 25.11.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 120 (B)of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioner was not present at the place of occurrence and there is no specific overt act against him to assault on the deceased. The further submission is that he is accused in two other cases, in which licence arms were recovered. Considering the same, 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 Chief Judicial Magistrate, Jehanabad in Makhdumpur P.S. Case No. 255 of 2004, 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 and the other bailor shall be father of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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 2 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, 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. Ashwini/- ( Anjana Prakash, J.)