IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11811 of 2010 BRIND SINGH, SON OF ANUP SINGH Versus STATE OF BIHAR ----------- 2. 19/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 323, 324, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that on account of land dispute between the parties, the present occurrence took place in which the petitioner is said to have assaulted one of the injured with Butt of the rifle. The submission is that in the fact of the case, no offence under Section 307 I.P.C. would be made out since had the intention of the accused been to kill any of the injured, they would use the fire arms in the conventional way and not used as a lathi to assault. In view of such and also that the petitioner is in custody since 20.11.2009, 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 Addl. Chief Judicial Magistrate, Patna City, Patna, in Didarganj P.S. Case No. 167 of 2009 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 - 2 - information to the Court about any change in address of the petitioner. (ii)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. (iii)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. (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. In case the petitioner is found to be tampering with the evidence, a report about the same shall be made to the court concerned who will then initiate a proceeding for cancellation of bail. S.Ali (Anjana Prakash, J.)