IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23035 of 2011 Praveen Kumar, son of Singheshwar Prasad Singh Versus The State Of Bihar ----------- 3. 12.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 392 and 302/34 of the Indian Penal Code. The petitioner is not named in the First Information Report. During investigation it transpired that there was some litigation between the family of the deceased and the petitioner on account of land. About a month later, three witnesses appeared giving contradictory statements about the complicity of the petitioner in the occurrence. It has been submitted by the counsel for the petitioner that even though one of the three witnesses has stated that he petitioner had fired at the leg of the deceased but no such injury was found on the person of the deceased and, therefore, he deserves bail. On the other hand, the counsel for the Informant submits that even though this Court has specifically directed the accused to cooperate in commitment of the trial but fact of the matter is that they have purposely delayed commitment and their action is further likely to delay framing of charge. 2 Considering the merits of the case, let the petitioner above named, be released on bail after framing of charge without bifurcation of his case 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 concerned to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 33 of 2011 subject to the following 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. 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. (iv)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. S.Ali ( Anjana Prakash, J.)