IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25335 of 2009 RAM JIWAN PASWAN SON OF LATE KALHAT PASWAN Versus STATE OF BIHAR ----------- 4. 24.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 324, 307 and 120B of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the submission that from the facts, it does not appear to be a case u/s 307 I.P.C., since even though there was no intervening circumstance, the shot was not repeated and the firing was made from the back. Under the circumstances, let the petitioner above named, who is in custody since 6.1.2009, 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 Magistrate, Aurangabad in Barun P.S.case No.108 of 2003, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) 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 2 will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse 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. Counsel for the petitioner submits that the petitioner has been implicated in nine other cases before the present case and he also submits that he has been falsely implicated in all those cases on account of the hostile attitude of the local police and desires to be placed in the company of well meaning people so that he has a chance to regain his self esteem. Under the circumstances, let the petitioner report to the Head Priest, Dev Surya Mandir, Aurangabad within fifteen days of his release and file a certificate to this regard in the court below. Once the petitioner reports to the Head Priest, the Head Priest is requested to evolve a method by which the petitioner can be kept in a good company for the next six months so that any further damage to his self esteem is not done on account of outside forces. At the end of six months, the petitioner will be required to file a certificate about his good conduct in the court below. Narendra/ ( Anjana Prakash, J. )