IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14888 of 2010 ANIKET SINGH S/O SHEO KUMAR SINGH Versus STATE OF BIHAR ----------- 5. 26.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act and 3 (1) (x) of SC/ST Act. The prosecution case is that the deceased was called away by the accused person whereafter the petitioner is said to have fired at the deceased causing injury and then co-accused Sonu Jha fired which hit him, on account of which he fell down. The submission is that there is a definite allegation against the co-accused Sonu Jha of having been fired which hit the deceased and only one fire arm injury has been found in post mortem. Further submission is that the petitioner is a school teacher and has no criminal antecedent, which fact will be verified by the Magistrate before releasing the petitioner on bail. In view of such, let the petitioner above 2 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 Chief Judicial Magistrate, Katihar in connection with Katihar P.S. Case No. 376/2009, 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, (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 3 reasons of misuse, (v) That the 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. Fahad. ( Anjana Prakash, J. )