IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12206 of 2010 SHIWAN RAI son of Ramashrya Rai Versus THE STATE OF BIHAR ----------- 4/ 23.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34, 120-B of the Indian Penal Code and section 27 of the Arms Act. The prosecution case is that the petitioner along with other co-accused persons shot dead the deceased. Submission of the counsel for the petitioner was that the petitioner was, in fact, 90 years old man with very poor eye sight and, so, this court had called for a report from the court below about the physical condition of the petitioner. The said report has been received which shows that in fact, the petitioner is about 90 years of age and is unable to walk properly due to severe pain in both knee joint and eye sight in both the eyes is diminished. Considering the physical condition, 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 the Chief Judicial Magistrate, Saran, Chapra, in connection with Bheldi P.S. Case No. 98 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. The bailors will undertake to furnish - 2 - information to the court about any change in the address of the petitioner, (ii) 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.)