IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34603 of 2011 Sanjay Singh son of Udit Prasad Singh Versus The State Of Bihar ---------------------------------- 3. 21.12.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 149, 323, 353, 354, 307, 379 of the Indian Penal Code and 174 of the Indian Railway Act. The prosecution case is that the petitioner was misbehaving with the lady and when she protested to the Rail police he called his supporters at the next station and attempted to loot away the arms of the police force. However, no arm was actually looted nor was any member of the police force injured. Before the present case was instituted the brother of the petitioner instituted a case before the same Police Station that Sanjay Singh and the petrol party in the train had altercated with each other on account of transporting of some goods. The patrol party had allegedly committed certain high-handedness. In protest the villagers had gathered at which the police force had fired at Rupesh, the son of the petitioner, who died later in the Hospital. Considering that there is a counter version of the occurrence and the lady with whom the petitioner had - 2 - allegedly misbehaved has not been examined in the case diary and the petitioner has fair antecedents, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Railway Judicial Magistrate, Kiul in connection with Jamalpur G.R.P. P.S. Case No.49 of 2009, subject to the conditions (i) That one of the 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 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 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, (v) That the - 3 - petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )