IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4082 of 2010 CHUNNU RAI @ CHUNU RAI SON OF RAJESHWAR RAI Versus THE STATE OF BIHAR ----------- 3. 11.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 342, 504, 307/34 of the Indian Penal Code and 27 of the Arms Act. The allegation against the petitioner is that he and his brother Akhileshwar Rai fired at the informant on his back on account of the fact that he was being coerced by the accused not to depose as a witness in a case filed earlier for injury to his brother. It has been submitted that the co-accused Akhileshwar Rai in fact during investigation was found to be only 7 years old and the present petitioner is not an accused in the earlier case and, therefore, there was no occasion for him to have fired at the injured. It has further been submitted that the petitioner has no criminal antecedents. Under the circumstances, let the petitioner above named, who is in custody since 9.9.2009, 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 A.C.J.M., Danapur in Bihta P.S.case No.173 of 2008, subject to 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 the petitioner, (ii) that the affidavit shall clearly state that the petitioner - 2 - 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, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )