IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10126 of 2010 DASHRATH SINGH, son of late Ram Prasad Singh Versus STATE OF BIHAR ----------- 2/ 01.04.2010 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, 323, 337, 338, 307, 353,188,332, 333 of the Indian Penal Code and section 27 of the Arms Act. The occurrence is said to have taken place on account of a land dispute between the parties over a piece of land which was to be used as a path way in course of which the police had come to supervise the matter and then this occurrence is said to have taken place. Considering that the petitioner is merely member of the mob and there is no specific overt act against him, let the petitioner, above named, who is in custody since 12.11.2009 and has no criminal antecedent, 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 the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkaulia P.S. case no.286 of 2009, subject to 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 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 - 2 - 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, and (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. JA/- (Anjana Prakash, J.)