IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36767 of 2010 BALWANT KUMAR SINGH son of Jamuna Singh Versus STATE OF BIHAR ----------- 4/ 26.03.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the petitioner is neither named in the dying declaration of the deceased nor in the fard beyanh given by his brother. Subsequently, in paragraph 7, the father of the deceased was examined, who stated that when he asked, his son disclosed the name of the petitioner as one of the person who fired shot, but this fact is unbelievable since the deceased himself did not support this fact. Further submission is that the eye witnesses examined in paragraph 7 and 8 have merely stated about presence of the petitioner at the place of occurrence and that he ran away screaming that mobile had burst. Further submission is that on this material, the petitioner was granted anticipatory bail by the court till the submission of the charge sheet and there is no further material after the said order was passed which would warrant putting the petitioner in jail on the same very ground. Learned counsel for the informant has brought to the notice of the court paragraph 17 and 39 which are the supervision notes by which the supervision officer had concluded that the petitioner was involved in the present occurrence. In view of such, in the event of surrender of the 2 petitioner, Balwant Kumar Singh, within three weeks from today in connection with Madanpur P.S. Case No.186 of 2009, he shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to conditions as laid down under section 438 (2) Cr. P.C., and (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 petitioner shall undertake to be represented on the first date after cognizance and in case he fails to do so, his bail bond will be liable to be cancelled (iii) That the bailors shall also state on affidavit that they 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 and (v) 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.)