IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31238 of 2010 Sipahi Paswan @ Manoj Paswan Versus STATE OF BIHAR ----------- 2. 13-09-2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34, 379 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioner is not named in the F.I.R. wherein there is direct allegation against co-accused Shree Yadav, Kishore Yadav and Munshi Yadav of having fired at the deceased on account of which he died. Subsequently the petitioner is said to have been arrested and given a confessional statement disclosing his complicity but the informant has filed a protest petition against the collusive investigation by the investigating officer. Considering the same, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5000/- with two sureties of the like amount each or any other surety as fixed by the court to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Mufassil P.S.Case No. 29 of 2010 subject to the conditions that : (a) one 2 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. The bailor will also undertake to inform the court, if there is any change in the address of the petitioner; (b) 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; (c) 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; (d) 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. Sujit (Anjana Prakash, J.)