IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23519 of 2009 MANOJ RAM @ MANOJ KUMAR DAS, son of Hari Nandan Ram .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /4/ 19.11.2009 Heard the counsel for the petitioner, the State and the informant. 2. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that the only allegation against the petitioner and the co-accused, Uma Ram, was that they were seen fleeing away with fire arms, but, there is no actual eye witness to the killing of the deceased and there is only one fire arm injury sustained by the deceased and there is some kind of dispute between the parties, let the petitioner, above named, who is in custody since 18.02.2009 and has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Baniapur P.S. Case No. 38 of 2009 to the 2 satisfaction of the Chief Judicial Magistrate, Saran at Chapra, on the 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 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 and (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)