IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17043 of 2010 BHONU MANDAL, SON OF LATE JOGI MANDAL Versus STATE OF BIHAR ----------- 4. 12.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the Informant learnt that his son had been shot dead on which he went to the place of occurrence and learnt from Sanjita Kumar and Sajni Devi that the deceased had been shot dead by the three persons including the petitioner. However, the post mortem examination report reveals that only one Fire Arm injury sustained by the deceased. Considering the same as also that the petitioner is in custody since 17.8.2009, 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 to the satisfaction of Additional District and Sessions Judge, Fast Track Court No. 2, Madhepura, Distt. Madhepura, in Sessions Trial No. 30 of 2007/30A of 2007 arising out of Bihariganj P.S. Case No. 29 of 2005 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 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. It has been submitted that the petitioner was previously an accused in four cases excluding the present one but he has been acquitted in one of them, which fact will be verified by the court below before releasing the petitioner on bail. In case, there is any complaint against the petitioner of having intimidated the witnesses, immediate steps for cancellation of bail shall be taken in the regard. S.Ali ( Anjana Prakash, J.)