IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10212 of 2010 ROHIT KUMAR SINGH @ CHHOTU SINGH, S/o Ajay Kumar Singh. Versus THE STATE OF BIHAR ----------- 02. 01.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(x) of the SC/ST Act. The informant has stated that when he and deceased went to a certain shop he saw the petitioner and one Ravi Singh standing there. The deceased got into an altercation with Ravi Singh and Ravi Singh took out his pistol but in the scuffle it fell down. However, two other persons were also there, one of whom picked up the pistol and fired at the deceased due to which he died. Thereafter, the accused persons are said to have fled away. The petitioner is named in the First Information Report but there is no specific overt act against him. In the aforesaid circumstances, let the petitioner above named who is a young boy and in custody since 01.12.2009 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 Chief Judicial - 2 - Magistrate, Sitamarhi in connection with Shyampur Bhataha P.S. Case No. 72 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.)