IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22879 of 2010 SANJAY SINGH @ SANJAY KUMAR SINGH, SON OF SRI MANI SHANKAR SINGH Versus THE STATE OF BIHAR ----------- 2. 08.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 447, 307, 34 of the Indian Penal Code, Sections 25 (1-B)a, 26, 27 and 35 of the Arms Act. The prosecution case is that after an altercation between co-accused Ashok Singh with one Bhutta Singh, they went away only to return ten minutes later along with the petitioner and other co-accused persons who generally fired at the Hotel of the Informant. However, three accused persons were arrested and from the possession of the co-accused Ashok, Fire Arms were recovered as also from the dicky of his motorcycle 10 live cartridges were recovered. There was no recovery from the possession of the petitioner and, therefore, the allegation that the petitioner had also fired towards the informant’s shop is not believable. In view of such, let the petitioner above named, who is in custody since 12.5.2010, 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, Rohtas at Sasaram in Dehri P.S. Case No. 457 of 2009 subject 2 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 and the other shall be the wife of 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 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 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. S.Ali ( Anjana Prakash, J.)