IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22973 of 2010 SUNIL MISHRA @ SUSHIL MISHRA S/O BAIDYA NATH MISHRA Versus STATE OF BIHAR ----------- 2. 9.7.2010 Supplementary affidavit filed today 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 Section 302/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the main allegation of having fired at the deceased was upon co-accused Chunchun Singh and Mithu Singh, whereas the petitioner was not named in the first information report. Subsequently the petitioner’s name transpired during investigation but those witnesses when examined during trial did not support the petitioner’s complicity. Considering that the petitioner is in custody since 17.9.2009, 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 C.J.M., Sitamarhi in Majorganj P.S.case No.97 of 2007, subject to the conditions (i) That one of the bailors shall be the wife of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy 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 - 2 - 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 (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. Narendra/ ( Anjana Prakash, J. )