IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25863 of 2010 TUNTUN RAI (UPADHYAY) @ TUNTUN (RAI) UPADHYAY SON OF LAL MOHAR UPADHYAY Versus STATE OF BIHAR ----------- 2. 3.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 307, 324/34 and 449 of the Indian Penal Code. The prosecution case is that the step daughter of the informant had called the other co-accused persons and the informant’s brother-in-law was done to death by one Munni Sah while Guddu Rai held him down. The allegation against the petitioner is that he assaulted the informant on the thigh with a knife, but only simple injuries were found on her person. The submission is that the petitioner has no criminal antecedents and is in custody since 27.2.2010. In view of such, 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 Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in Nasriganj P.S.case No.163 of 2009, subject to the 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 undertake to furnish information to the court about any change in the address of the - 2 - 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 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 and (iv) 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. Narendra/ ( Anjana Prakash, J. )