IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25952 of 2009 TUNIYA MANDAL @ RAM JIVAN MANDAL SON OF LATE SHASHI BHUSHAN MANDAL Versus STATE OF BIHAR ----------- 7. 31.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 324, 307/34, 120B of the Indian Penal Code and 27 of the Arms Act. In the first information report there is an allegation against the petitioner of having fired at the informant, but subsequently the informant gave a petition before the court that the petitioner was not involved in the present occurrence. Upon this, this Court had noticed the informant, who despite service of notice having been received by his brother did not appear before this Court. In view of such, let the petitioner above named, who is in custody since 27.12.2008 and has no criminal antecedents, 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 Ist Addl. Sessions Judge, Bhagalpur in S.T.No.428 of 2009 arising out of Nathnagar P.S.case No.44 of 2004, 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 - 2 - 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 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. The trial court before releasing the petitioner on bail will verify the fact that the petitioner has no criminal antecedents. Narendra/ ( Anjana Prakash, J. )