IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39934 of 2009 MD.GUDDU Versus THE STATE OF BIHAR ----------- 2/ 24-11-2009 Heard both the parties. The petitioner seeks bail in a case institution under section 302/34 of the Penal Code and section 25 of the Arms Act. Taking into consideration the fact that in the first information report itself it has been specifically stated that it is co-accused Jumman who has fired and it is submitted that only one firearm injury was found on the deceased and the occurrence took place on account of the land dispute and there is no criminal antecedent against the petitioner, let the above named petitioner who is in custody since 25.07.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M.,Munger in connection with Muffasil P.S.Case No.220 of 2005 on 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 - 2 - case and if he is he shall not be released on bail, (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. ( Anjana Prakash, J ) BTiwary/