IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46051 of 2009 GAYA SAH, S/O SHRI KISHUN SAH, R/O VILLAGE KARAN P.S. BAGHAILA, DISTRICT ROHTAS .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 11.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 342, 302 and other allied sections of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that the petitioner is merely a member of mob whereas allegation of firing is against co-accused, Satendra Singh, Badhari Choudhary and Kusum Choudhary, let the petitioner, above named, who is in custody since 15.09.2009 and ha no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Beghalia P.S. Case No. 63 of 2009 to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, on 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 2 the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail and (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)