IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19881 of 2009 PRAHALAD BIND SON OF RAJENDRA BIND Versus STATE OF BIHAR ----------- 4. 11.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that the first information report has been based on the statement of one Aliyar Singh stating therein that the petitioner and one Subhash Yadav fired at the deceased but the postmortem report reveals only one fire arm injury and the co-accused Subhash Yadav has been released on bail by an order dated 23.4.2009 passed in Cr.Misc.No.49735 of 2008, let the petitioner above named, who is in custody since 25.6.2008, 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 C.J.M., Kaimur at Bhabua in connection with Bhagwanpur P.s.case No.64 of 2004, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 2 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 (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. Narendra/ ( Anjana Prakash, J. )