IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20085 of 2010 SURJEET SHARMA @ SUJEET SHARMA son of Kuldeep sharma Resident of mohalla Shyampur, P.S. Kotwali, Dist.unger….Petitioner Versus THE STATE OF BIHAR O.P. ----------- For the petitioner: Mr. Arvind Kr. Singh, Advocate. For the State : Mr. Ansarul Haque, A.P.P. ------------- 2 14.6.2010 Heard the parties. In a criminal prosecution for offences under section 307 and some other minor and bailable offences of the Penal Code as also under section 27 of the Arms Act, the petitioner and seven other accused persons are alleged to have surrounded the informant and are alleged to have resorted to firing by musket. The shot fired by the petitioner is said to have hit on the shoulder of the informant. It is submitted by learned counsel for the petitioner that the injury sustained by the informant was opined to be simple in nature and the petitioner is stated to be in judicial custody since14.10.2009. In the aforesaid facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Munger in connection with Kotwali P.S. Case No. 150 of 2006, subject to the condition : (a) That one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below - 2 - showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman