IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24554 of 2011 Nagendra Kumar @ Nagendra Yadav @ Guthal Yadav son of Bansaropan Yadav Versus The State Of Bihar ----------- 3/ 23.09.2011 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. It has been submitted that in the First Information Report there is just allegation against all the accused persons of having fired at the deceased, but in the further statement the informant clarifies that the alleged firing was made by accused Jehal Yadav, Kameshwar Yadav and Bansropan Yadav, whereas, the allegation against the petitioner is that he made firing in the air. Considering the same as also that he has fair antecedents, 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 or any other surety to be fixed by the court below to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Sigori P.S. Case No.69 of 2010, subject to the 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 with the petitioner and another bailor shall be Binod Yadav, uncle of the petitioner. The bailors 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 2 shall not be released on bail, (iii) That the bailors shall also state on affidavit that they 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, (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, and (v) 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. JA/- (Anjana Prakash,J.)