IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41328 of 2009 PUNIT NATH SINGH @ BURHA SINGH, SON OF SHEOJEE SINGH, RESIDENT OF VILLAGE HARPUR, POLICE STATION BANIAPUR, DISTRICT SARAN. Versus STATE OF BIHAR ----------- 3. 8.2.2010. Heard learned counsel for the petitioner, State and the informant. Taking into consideration the fact that the occurrence took place on account of a bonafide land dispute in course of altercation and there was one injury on the head which was the cause of death, apart from other minor injuries sustained by the deceased and the submission is that in the facts of the case, no offence under section 302 I.P.C. is made out, let the petitioner above named, who is in custody since 14.1.2009 and has no criminal antecedent, be released on bail on his furnishing bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge 9th, Saran at Chapra in Baniapur P.S. Case No.144 of 2008, subject to the condition (A) That one the bailors will be a close relative of the petitioner, who will give an affidavit - 2 - N.H./ giving genealogy as to how he is related with the petitioner (C) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner are 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. (E) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. It has been submitted by the informant that the trial is going on so in case, the petitioner attempts to tamper with the evidence, it will be open to the informant to file a petition in the court below for a proper enquiry in the matter. ( Anjana Prakash,J.)