IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19958 of 2010 SHIV SHANKAR BIND Versus STATE OF BIHAR ----------- 2 24.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Masaurhi (Bhagwanganj) P.S. Case No. 7 of 2005 for offences punishable under Sections 147, 148, 149, 341, 448 and 302 of the Indian Penal Code and 27 of the Arms Act The petitioner is said to be member of a mob of 20-25 militants which attacked the village and killed the brother of the informant. The said militants also killed one Nandu Yadav and Pappu Singh and also fired at one Ramanuj Yadav, but he managed to escape. Learned counsel for the petitioner submits that except that the petitioner has been named as one of the alleged militants no other specific overt act has been attributed to him. He further submits that the petitioner is not associated with any anti social elements nor is involved in the said occurrence and has been implicated by reason of local village politics. 2 Having regard to the circumstances aforesaid, let the petitioner, namely, Shiv Shankar Bind be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned F.T.C.-II, Patna in connection with Masaurhi (Bhagwanganj) P.S. Case No. 7 of 2005 subject to the following conditions:- (1) One of the bailors will be a close relative of the petitioner who would give an affidavit giving genealogy as to how he is related with the petitioner. (2) The bailor will undertake to furnish information to the Court about any change in the address of the petitioner. (3) 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 whereafter the Court below would be at liberty to initiate proceeding for cancellation of his bail bond on grounds of misuse. (4) The petitioner would give an undertaking that he would receive the police papers without causing any unnecessary delay 3 and be present on the date fixed for charge and if he fails to do so on two consecutive given dates and delays the trial in any manner, his bail bond would be liable to be cancelled on grounds of misuse. Bibhash ( Jyoti Saran, J.)