IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4097 of 2010 MITHILESH RAJAK @ MITAL, S/o Late Lala Rajak. Versus THE STATE OF BIHAR ----------- 02. 15.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 324, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act. The background of the case is that the petitioner used to work in Bombay whereas his family used to reside in his village in course of which his wife developed illicit relation-ship with one Pintu Ram. On the date of occurrence when the petitioner started inquiry about his wife and children he was allegedly shot at by Pintu Ram for which the petitioner instituted one case. However, the wife of Pintu Ram filed another case stating therein that the petitioner came and started quarreling with Pintu Ram and on such he shot at him and injured him and when the father-in-law came to intervene he was also shot by the petitioner due to which he died later - 2 - on. The submission is that from the facts of the case it does not appear a case under Section 302 of the Indian Penal Code and there is a counter-version of the same occurrence. Taking into consideration the afore- mentioned facts as also that the petitioner is in custody since 14.08.2008, 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 to the satisfaction of Additional Sessions Judge, F.T.C.-I, Nalanda at Bihar Sharif in connection with S.Tr. No. 151 of 2009 arising out of Noor Sarai P.S. Case No. 151 of 2008 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. (ii) 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. Vikash/- (Anjana Prakash, J.)