IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20119 of 2010 SUDHIR JHA SON OF SRI RAM BILAS JHA Versus THE STATE OF BIHAR ----------- 3. 30.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 and 120B of the Indian Penal Code. It has been submitted that the petitioner is not named in the first information report wherein one RamanJi Chaudhary has been named as an accused. Subsequently the said Ramanji Chaudhary gave a fard beyan, which is recorded in paragraph 11 of the case diary in an injured condition narrating how the deceased and he had been shot at by unknown miscreants, due to which the deceased had died. Subsequently in paragraph 31 of the case diary at 3.25 P.M. on 31.5.2009 the said Ramanji Chaudhary’s statement is once again recorded wherein he has named the petitioner as being one of the assailants of the deceased. The further submission is that in paragraph 11 when the fard beyan was being recorded the said Ramanji Chaudhary did not name the petitioner. Apart from Ramanji Chaudhary who himself was made an accused in the first information report there is no eye witness to the occurrence and the rest are hearsay witnesses, who have heard the story from the said Ramanji Chaudhary. In view of such, let the petitioner above named, who is in custody since 16.2.2010, be released on bail on furnishing bail - 2 - bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in Ujiarpur P.S.case No.82 of 2009, subject to the conditions (i) That one of the bailors shall be the brother of the petitioner and the other bailor 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 the 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 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 (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. In view of nature of allegations against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Samastipur within fifteen days of his release with a copy of this order and thereafter every two weeks for the next one year. The conduct of the petitioner will be kept under watch in this period - 3 - by the S.P. concerned and if it is found wanting in any manner 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 Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Narendra/ ( Anjana Prakash, J. )