IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35155 of 2009 SANTOSH SHARMA SON OF SRI KAMTA SHARMA RESIDENT OF VILLAGE MANORA, P.S. OBRA, DISTT. AURANGABAD (BIHAR) ------PETITIONER. Versus STATE OF BIHAR ----------- 2. 15/10/2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 307 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that even though there is an allegation against the petitioner of having fired but strangely enough no reason for the same has been spelt out by the informant as also the fact that no injury report could be made available despite the efforts of the Investigating Officer and the petitioner has no criminal antecedent and has remained in custody since 15.1.2009, 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 Sub Divisional Judicial Magistrate, Daudnagar (Aurangabad), in connection with Obra P.S. Case No. 35 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 affidavit shall clearly state that the petitioner is 2 not an 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 consecutive dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. S. Ali (Anjana Prakash, J.)