IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14757 of 2010 JALENDRA SHARMA @ JALENDRA KUMAR SHARMA @ JAYNANDAN SINGH @ JAINENDRA KUMAR, SON OF SRI KRISHNA SHARMA Versus THE STATE OF BIHAR ----------- 3. 25.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that when the Informant heard gun shot, he reached the place of occurrence and found his son having sustained firearms injury. The deceased disclosed to the Informant that the petitioner was one of the six miscreants who had chased and shot at him. On the same day for the same occurrence, the Chowkidar of the village also instituted a case against unknown persons. The case diary reveals that right after the occurrence, one Kunal Paswan was apprehended by the villagers when he was attempting to flee away committing this occurrence and he disclosed the names of two of his accomplices namely, Subhash Singh and Gorakh Paswan but did not name the present petitioner. The post mortem examination report also reveals only three firearm injuries on the person of the deceased even though the allegation is again six persons of having fired. The same is not attributed specifically to the petitioner. 2 It has been submitted that the statement of Kunal Paswan in fact, explains the post mortem examination report. In view of such and also that the petitioner has fair antecedents, 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 Additional Chief Judicial Magistrate, Danapur, Patna, in Naubatpur P.S. Case No. 129 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. The bailor will undertake to furnish information to the court about any change in 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 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. S.Ali ( Anjana Prakash, J.)