IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14372 of 2010 GUDDU SINGH, SON OF SHRI PARMA NAND SINGH Versus STATE OF BIHAR ----------- 2. 05/05/2010 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 he was informed by one Anil that while he, the deceased and Wakil Singh were sitting around the fire, 5-6 unknown accused persons came and shot at the deceased and injured him. Hearing this, the Informant reached the place of occurrence and found the deceased injured, he carried him to the hospital at Begusarai on a truck but he was declared dead by the hospital authorities. The petitioner is not named in the First Information Report wherein two eye witnesses have been mentioned. The Informant is also said to have accompanied the deceased till his end to the hospital and does not mention that the deceased had given oral dying declaration implicating any accused person. However, during investigation, certain witnesses stated that the deceased had given oral dying declaration mentioning the petitioner as being involved in the occurrence. The submission is that had it been so, it would have been mentioned in the First Information Report itself. In view of such, let the petitioner above named, who is - 2 - in custody since 16.5.2005, 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, Barh, in Maranchi P.S. Case No. 080 of 2000 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 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. (iii)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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Patna, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the - 3 - Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)