IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.259 of 2010 SURENDRA SINGH, S/o Late Vishwa Nath Singh. Versus THE STATE OF BIHAR ----------- 03. 18.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 324, 307 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that in the First Information Report as many as eight persons have been mentioned as accused out of whom five persons including the present petitioner is said to have fired and from the firing made by co-accused, Bhola Singh a vegetable vendor accidentally sustained injury and died. Thereafter the specific overt act of having killed the nephew of the informant, Sanjeet Singh is upon Ramesh Singh but there is no allegation of any overt act against the present petitioner who has no criminal antecedent. In view of the circumstances, let the petitioner above named who is in custody since 11.09.2009 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 Additional Sessions Judge-V, Bhojpur, Arrah in connection with S.Tr. No. 370 of 2009 - 2 - arising out Piro P.S. Case No. 115 of 2009 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 affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) 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.)