IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40110 of 2009 MUNNA MISHRA @ DILIP KUMAR MISHRA, son of late Laxmi Kant Mishra Versus STATE OF BIHAR ----------- 2/ 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 326, 379, 302/34 of the Indian Penal Code. Even though the allegation against the petitioner is of firing upon the deceased but it appears that he died next day and from the narrative of the first information report it appears that the deceased was a criminal and indulged in all kinds of activities which give rise to presumption that the manner of occurrence as described by him could be quite another from what he has stated. Taking into consideration the aforementioned facts as also the fact that the petitioner is in custody since 08.11.2008 and has no criminal antecedent, 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 the Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj P.S. case no.55 of 2006, 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, (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 - 2 - 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. JA/- (Anjana Prakash, J.)