IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30946 of 2009 SUDHIR RAI, Son of Late Elaichi Roy, resident of village-Adupur, Police Station-Suraj Garha, District-Lakhisarai Versus STATE OF BIHAR ----------- 2 28.08.2009 Heard counsel for the petitioner and counsel for the State. The petitioner seeks bail in a case instituted for the offence under Section 307 of the Indian Penal Code and 25(1-B) 26, 27 Arms Act. Taking into consideration the fact that while an altercation was going on between the petitioner and one Sachin Poddar the deceased tried to intervene at which he sustained injury caused by the petitioner who died five days later. The submission is that intention was not to kill the deceased and the petitioner has remained in custody since 19.05.2007 i.e. the date of occurrence itself, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge, F.T.C. IIIrd, Lakhisarai in connection with Surajgarha P.S. Case No. 140 of 2007 Subject to 2 the condition 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. It appears that the trial is going on so the petitioner is directed to be present on each and every date of the trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Bibhash (Anjana Prakash, J.)