IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5316 of 2010 1. GHURAHU KAHAR, S/o Gaya Kahar. 2. Upendra Paswan, S/o Late Lali Paswan. Versus THE STATE OF BIHAR ----------- 03. 07.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner No. 1 is said to have fired at the deceased and therefore I am not inclined to grant bail to the petitioner No. 1, Ghurahu Kahar. The prayer for bail is rejected. Whereas the petitioner No. 2 is concerned, there is no specific overt act against him and it appears that charges have already been framed in the case on 27.06.2008. In view of such, let the petitioner No. 2, Upendra Paswan 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, F.T.C.-IV, Rohtas at Sasaram in connection with S.Tr. No. 341 of 2007 arising out of Nokha P.S. Case No. 133 of 1999 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 - 2 - 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 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 the antecedents of the petitioner, the petitioner is directed to appear before the Supdt. of Police, Rohtas within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, 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. Vikash/- (Anjana Prakash, J.)