IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.634 of 2010 SANJAY SINGH @ CHINTU @ PINTU, SON OF SACHCHIDA NAND SINGH. Versus STATE OF BIHAR ----------- 3. 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 120(B), 302 and 394 of the Indian Penal Code. The prosecution case is that two unknown miscreants shot at the deceased and thereafter assaulted with Chhura. During investigation, the name of the petitioner transpired but as noted in the impugned order, the main allegation was targetted against Shambhu Singh and the material against the petitioner was of a weak nature. In view of such, let the petitioner above named, who is in custody since 18.9.2009, 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, Sitamarhi, in Runnisaidpur P.S. Case No. 151 of 2005 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 affidavit shall clearly state that the petitioner has been acquitted in the only - 2 - other case which had been instituted against him and if he does not do so, 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.)