IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26076 of 2010 PRADEEP SAH Versus STATE OF BIHAR ----------- 2. 03.8.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No.752 of 2010 arising from Kotwali P.S.Case No.160 of 2003 for offence punishable under section 307/34 of the Indian Penal Code. Subsequently section 302/34 of the Indian Penal Code and section 27 of the Arms Act were added to the set of allegations. Learned counsel for the petitioner submits that except of the allegation of being a member of unlawful assembly, no other specific overt act has been attributed to this petitioner. She further submits that a bare reading of the first information report demonstrates that there is specific allegation against co-accused Sanjay Paswan and Raj Kumar Paswan of firing at Akhilesh Singh from their respective revolvers. She further submits that the petitioner does not have any criminal antecedent and that he suo motu had surrendered before the court below on 24.9.2008. 2 Having regard to the circumstances of the case and the submissions of the learned counsel for the petitioner, let petitioner Pradeep Sah be released on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, III, Patna in connection with Sessions Trial No.752 of 2010 arising from Kotwali P.S.Case No.160 of 2003, subject to the conditions (i) that the father of the petitioner would stand as one of the bailors and who would be under a duty to inform the court below in case this petitioner after his release in the present case, is found involved in any further case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner on grounds of misuse, (ii) that the petitioner shall file an affidavit regarding his clean antecedent and which shall be verified from the Senior Superintendent of Police, Patna and if the statement made by the petitioner is found to be incorrect, in that event also, the court below shall be at liberty to cancel the bail bond of the petitioner and take him into custody, (iii) 3 that the petitioner would ensure his representation before the court below and upon failure on his part in ensuring his represention on two consecutive dates fixed in the case without reasonable explanation to the satisfaction of the court below, the court concerned shall be at liberty to cancel the bail bond of the petitioner and initiate proceeding for taking him into custody. ahk (Jyoti Saran, J.)