IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11804 of 2010 VINAY PRASAD @ VINAY KUMAR, SON OF SRI MAHENDRA MAHTO Versus STATE OF BIHAR ----------- 2. 19/04/2010 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. 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, 447, 307, 302, 435 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that in the background of land acquisition dispute between the parties, 14 named accused persons along with 4-5 unknown persons committed this occurrence wherein the petitioner is said to have ordered and given his gun to one co-accused Chunnu Mahto who had fired on the deceased. However, considering that the occurrence took place on account of land dispute and allegation of firing is against the co-accused and the other case pending against the petitioner is minor in nature and not similar, let the petitioner above named, who is in custody since 7.1.2010, 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 Sub Divisional Judicial Magistrate, Sherghati, Distt. Gaya in Sherghati P.S. Case No. 156 of 2007 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 - 2 - with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)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. (iii)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. (iv)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. In case the petitioner is found to be tampering with the prosecution evidence, a report about the same shall be made to the court concerned who will then initiate a proceeding as per law. S.Ali (Anjana Prakash, J.)