IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3182 of 2010 NAGINA SAHNI, S/o Sri Anandi Sahni. Versus THE STATE OF BIHAR ----------- 02. 08.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 302, 120B and 379 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the specific overt act of firing is upon Ganga Sahni, Daroga Sahni, Sahindar Ram, Satyendra Ram, Ram Lagan Sahni, Ajay Kunwar, Ramashish Sahni and Jagan Ram whereas there is a general allegation against the petitioner. The motive of the occurrence is said to be a dispute between one Sipahi Sahni and deceased due to which Sipahi Sahni and his family had threatened the deceased. It has further been submitted that the petitioner does not belong to the family of Sipahi Sahani and in fact belongs to another village and has no concern with the private dispute between Sipahi Sahni and the informant’s family. Taking into consideration the afore-mentioned facts, let the petitioner above named who is in custody since 02.04.2009 and against whom there is only one - 2 - other case of minor offence is pending as stated in paragraph 10 of the petition 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 Sub-Divisional Judicial Magistrate, (West) Muzaffarpur in connection with Paroo P.S. Case No. 102 of 2008 subject to the 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. Vikash/- (Anjana Prakash, J.)