IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13436 of 2010 KHAJANCHI PRASAD SINGH @ KHAJANCHI SINGH SON OF LATE BENI PRASAD SINGH Versus STATE OF BIHAR ----------- 4. 23.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the allegation against the petitioner is that he fired at the informant, which accidentally hit his niece, due to which she died. It has further been submitted that in fact prior to the present occurrence the petitioner’s brother had been murdered by the informant and others, for which a case was going on and in fact the informant had few days before this occurrence threatened the petitioner against deposing in the said case or to face dire consequences. It has further been submitted that the petitioner is a Railway employee and is not likely to abscond. In view of such, let the petitioner above named, who is in custody since 9.11.2009 and has fair antecedents, 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 Chief Judicial Magistrate, Munger in Dharhara P.S.case No.26 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy - 2 - as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about 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 and (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. Narendra/ ( Anjana Prakash, J. )