IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27759 of 2010 RAJIV KUMAR @ RAJIV RAI son of Mahendra Rai Versus STATE OF BIHAR ----------- 2/ 19.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 147, 148, 149, 447, 341, 323, 324, 337, 307 and 302 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that even though in the First Information Report the allegation against the petitioner is that he had fired at the son of the informant but the informant thereafter filed several petitions before the higher police officers stating therein that he had implicated the petitioner at the behest of the petitioner’s enemies. Considering the same, 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 the Additional Sessions Judge, V, Hajipur, Vaishali, in connection with Sessions Trial No. 194 of 2010 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the petitioner will give an undertaking that he will receive the police - 2 - 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, (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The court below before releasing the petitioner on bail will notice the informant and verify that he had indeed filed petitions before the higher police officials exonerating the petitioner and, that too, without any coercion. JA/- (Anjana Prakash, J.)