IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10749 of 2010 JAGAR NATH SAH Versus THE STATE OF BIHAR ----------- 3. 26.4.2010. Heard learned counsel for the petitioner and the State. This is second attempt of the petitioner for grant of bail. Petitioner is an accused in a case arising out of Tisiauta P.S.Case No.09 of 2009 for offence punishable under Section 302/34 of the Indian Penal Code. The allegation as set out against the petitioner is of catching hold of the deceased while he was being hit by another accused Bhola Sah @ Baijnath Sah and which injury resulted into death. Learned counsel for the petitioner submits that except for allegation of catching hold of the deceased, no allegation has been levelled against him regarding the inflicting of injury and that the petitioner has already suffered incarceration since 19.3.2009. He further with reference to an order passed in Cr.Misc.No.4496 of 2010 dated 18.2.2010, submits that the other accused, namely, Bhola Sah @ Baijnath Sah alleged of having given the fatal injury to the deceased has since been granted bail by this Court. Having regard to the circumstances set forth, 2 let petitioner Jagar Nath Sah be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali (Hajipur), in connection with Tisiauta P.S.Case No.09 of 2009, subject to the following condition: (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 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. ahk (Jyoti Saran, J.) 3