IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45893 of 2009 BALLA BIND @ BALA LAKHANDRA VINDA, S/o Late Ram Swarath Bind. Versus THE STATE OF BIHAR ----------- 03. 03.03.2010 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, 341, 307 and 504 of the Indian Penal Code. The prosecution case is that the accused persons tried to obstruct the marriage procession of the son of Sharup Lal Singh on account of some caste differences. In course of it, the informant said, that it was the petitioner who fired at the deceased Dinesh Singh. However when Dinesh Singh was examined in paragraph 39 of the case diary he did not specifically state the name of the petitioner and he merely stated that when a general firing was made by the accused persons he sustained a bullet injury on the neck. The deceased died three months later and therefore the case was converted to one under Section 302 of the Indian Penal Code from one under Section 307 of the Indian Penal Code. In view of such, let the petitioner above named who is in custody since June, 2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with - 2 - two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Tarapur P.S. Case No. 44 of 2001 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. (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. Vikash/- (Anjana Prakash, J.)