IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23301 of 2010 ARBIND CHOUDHARY son of Jagu Chouhdary Versus THE STATE OF BIHAR ----------- 2/ 14.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. It has been submitted that the prosecution case is that the deceased was forcibly taken by the accused persons and thereafter firstly one Jaglal Chouhdary is said to have fired at the deceased and thereafter rest of the accused are said to have fired at him. Further submission is that the petitioner is not the member of PWG and, therefore, there is no question of coercing the deceased to join the same nor does he have any criminal antecedent which fact will be verified by the court below before releasing the petitioner on bail. In view of such, 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 FTC 2nd, Patna, in connection with Sessions Trial No. 120 of 2010 arising out of Masaurhi P.S. Case No.132 of 2004, 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 and the other bailor shall be the father of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall - 2 - clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (iii)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 will be at liberty to initiate the proceeding for cancellation of bail on the ground 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. JA/- (Anjana Prakash, J.)