IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1824 of 2010 DHARMENDRA PATEL SON OF LATE BIRBAL PATEL Versus STATE OF BIHAR ----------- 2. 1.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that the petitioner is in custody since 23.10.2008 and there is no specific overt-act against him in the first information report wherein four named and two unknown persons fired at the deceased causing only two injuries, which is not specifically attributed to the present petitioner, 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 A.D.J.-1, Siwan in S.Tr.No.47 of 2009 arising out of Siswan (Chainpur O.P.) P.S.case No.74 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date - 2 - 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. It has been submitted that the petitioner is an accused in only one other case i.e. Siswan (Chainpur) P.S.case No.79 of 2008 dated 15.8.2008, which fact will be verified by the Judge concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )