Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33494 of 2011 ====================================================== 1. Shambhu Singh S/O Sri Bhagwan Singh R/O Village - South Akauna, P.S. Udwant Nagar, District - Bhojpur ( Ara ). .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER (Per: HONOURABLE JUSTICE SMT. ANJANA PRAKASH) 03. 18.01.2012 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner was refused bail by orders dated 02.08.2010, 11.10.2010 and 11.05.2011 since in the First Information Report there was an allegation against the petitioner of having caught hold of the deceased while the co- accused, Munna Singh fired at him. The prayer for bail has been renewed on the ground that now the informant and daughter had been examined and none of them have stated that the petitioner had caught hold of the deceased while the co-accused Munna Singh fired at the deceased. The specific assertion of the petitioner is that he has fair antecedents. Considering the same, 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 or any other surety as fixed by the Court to the Patna High Court Cr.Misc. No.33494 of 2011 (3) dt.18-01-2012 2/2 satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 70 of 2010 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 also undertake to inform the Court if there is any 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. (iv) That the petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled. The Trial Court will verify about the antecedents of the petitioner and only on confirmation that the petitioner has fair antecedents will be released on bail. (Anjana Prakash, J.) Vikash/-