IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38246 of 2011 Subodh Kumar @ Subodh Sharma, son of Sri Tapteshwar Singh Versus The State Of Bihar ---------------------------------- 2. 13.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 379 and 34 of the Indian Penal Code. The prosecution case is that when the Informant heard a gun shot, he proceeded towards the place of occurrence and found his son in an injured condition. He saw some miscreants fleeing away out of which he identified four persons including the petitioner. The deceased disclosed to the Informant that he had been shot at by the miscreants. However, he did not allege any specific overt act against anyone. After the occurrence, one Kunal Paswan was arrested by the villagers who disclosed the names of two others but not the petitioner. Three fire arm injuries were found on the person of the deceased corroborated the statement of Kunal Paswan. Incidentally for the same occurrence, the Choukidar of the village also filed a case stating therein that some unknown persons had surrounded the deceased and shot him dead in which transaction one of the miscreants was caught and done to death. He however does not name the petitioner. Considering the foresaid as also that the petitioner has fair antecedent and he is in custody since 19.6.2009, let the petitioner above 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 2 satisfaction of Chief Judicial Magistrate, Patna, in connection with Naubatpur P.S. Case No. 129 of 2009, 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 genealogy as to how he is related with the petitioner and the other shall be the cousin brother of the petitioner namely Ram Lagan Sharma. The bailor will also undertake to inform the Court if there is any change in the address of 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 the 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 reasons of misuse. (v) 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. The fact that the petitioner has fair antecedent will be verified by the Magistrate before releasing him on bail. S.Ali ( Anjana Prakash, J.)