IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9830 of 2010 MUKUL KUMAR TIWARI @ DABLU TIWARI @ DABLOO TIWARI SON OF LATE BHARAT TIWARI Versus STATE OF BIHAR ----------- 2. 17.3.2010 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. When the petitioner was arrested on 7.2.2010 with arms on suspicion that he had committed the present occurrence, he was booked in Gopalganj P.S.case No.52 of 2010 u/s.414 I.P.C. and various Sections of the Arms Act. The petitioner claimed that the arms were licensee so the court below while hearing his bail application in the said case called for a report and verified the fact and on being satisfied released him on bail. In the mean while the petitioner was also remanded in the present case as being one of the conspirators. In view of the fact that there is specific overt-act against three co-accused i.e. Birendra Yadav, Ramashish Yadav and Surendra Yadav of having fired at the deceased, let the petitioner above named, who is in custody since 7.2.2010, 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 Chief Judicial Magistrate, Gopalganj in Gopalganj P.S.case No.18 of 2010 (G.R.case No.77 of 2010), subject to the - 2 - 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, (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 and (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. The Magistrate concerned before releasing the petitioner on bail will verify the fact that the petitioner is an accused only in the present case as well as Gopalganj P.S.case No.52 of 2010. Narendra/ ( Anjana Prakash, J. )