IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1541 of 2010 RAJESH SHARMA, SON OF GANGA SINGH Versus STATE OF BIHAR ----------- 3. 06/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act. The Informant has stated that his father was killed by two unknown miscreants and thereafter 5-6 accused persons raised slogan. The petitioner is not said to be the person who fired at the deceased but there is an allegation against him that in the morning he had come and had given ultimatum to the deceased to vacate the lands and also he was an active member of the Political Organisation. It has been submitted that it is completely false to say that the petitioner is a member of Political Organisation and the three cases pending against him do not pertain to any extremist activity. In view of such, let the petitioner above named, against whom only a suspicion has been raised and he is in custody since 8.8.2008, 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 Sessions Judge- VIII, Patna, in Sessions Trial No. 150 of 2009 arising out of - 2 - Dhanarua P.S. Case No. 181 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. (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. S.Ali (Anjana Prakash, J.)