IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14492 of 2010 MOHAN RAI SON OF LATE KULDEEP RAI Versus STATE OF BIHAR ----------- 2. 6.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 502, 506, 307, 324/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that an altercation between the parties escalated, on account of which the petitioner brought out a pistol and generally fired at the shop of the informant, due to which a number of persons sustained fire arm injuries. The submission of the Counsel for the petitioner is that in the facts of the case, no offence u/s.307 I.P.C. would be made out since it is the case of the prosecution itself that the petitioner was generally firing at the shop not specifically intending to cause death of anyone. In view of such, let the petitioner above named, who is in custody since 13.3.2010 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 A.C.J.M., Danapur, Patna in Maner P.S. case No.307 of 2008, 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. The bailor will undertake to furnish information to the court about any - 2 - change in the address of 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 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. Narendra/ ( Anjana Prakash, J. )