IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17412 of 2010 SANJAY MISHRA SON OF LATE BACHASPATI MISHRA Versus STATE OF BIHAR ----------- 2. 19.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 149, 24(A), 109, 307, 353, 384 of the Indian Penal Code and 27 of the Arms Act as well as 17 of the Criminal Law Amendment Act. The prosecution case is that the police received an information that some persons had gathered in the village to settle the land dispute between two persons, upon which they reached the place of occurrence and arrested eight persons, one of which was the petitioner. The accused persons disclosed that they had in fact come to settle disputes on behalf of Sanjay Paswan at the behest of some Maoist. It has been submitted that the petitioner has no criminal antecedents and in fact belongs to the same village and there is no question of having been involved in the present occurrence and was in fact arrested on suspicion. In view of such, let the petitioner above named, who is in custody since 3.12.2009, 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 Sub-Divisional Judicial Magistrate, Daudnagar (Aurangabad) in Goh P.S.case No.179 of 2009, subject to the conditions (i) That one of the bailors will be a - 2 - 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 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. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )