IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24958 OF 2009 MAHESH SINGH, SON OF LATE SHEETAL SINGH, RESIDENT OF VILLAGE HARPUR BELWA, P.S. MAHUA, DISTRICT VAISHALI VERSUS STATE OF BIHAR ----------- 4. 18.12.2009 Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for the informant. The case is under section 307 read with section 34 of the Indian Penal Code and sections 25(1-B)A, 26 and 27 of the Arms Act. Petitioner is said to have fired from his pistol causing injury on the son of the informant and accidentally, to a minor girl. Learned counsel for the petitioner submits that even if the prosecution version is accepted, the same may have happened accidentally in the process of immersion of idol of Goddess Durga at the end of Durga Puja festival and it cannot be said to be anintentional act. He submits that petitioner is an Ex-Mukhiya and, therefore, it cannot be expected that in the crowd of devotees proceeding for immersion of the idol of the Goddess Durga, petitioner had deliberately fired on someone with an intention - 2 - to kill him. Learned counsel for the informant submits that petitioner was convicted in a case and while on bail and during pendency of his appeal, he has committed this crime. He also submits that petitioner is also an accused in a case under Section 396 of the I.P.C. Learned counsel for the petitioner has produced the judgment of the case in which petitioner was convicted. It appears that the case was under the provisions of the Arms act. So far as the case under Section 396 of the I.P.C. is concerned, the case appears to be of 1995 and learned counsel for the petitioner has produced a copy of the first information report to show that petitioner was not named in that case. The conditions on which this Court is granting bail to the petitioners include conditions that in case another crime is committed by the petitioner, earlier bail bond shall also be liable to be cancelled. So far as this case is concerned, petitioner has remained in judicial custody since 02.01.2009. - 3 - Considering the above facts and circumstances and specially considering the period of custody of the petitioner, this application is allowed. Let petitioner (Mahesh Singh) be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No.287/08 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. It is further made clear that petitioner shall co-operate in the trial at every stage. In case of any failure on the part of petitioner resulting into delay in trial, the trial court shall be at liberty to cancel his bail bond. B.T (J. N. Singh, J.)