IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38982 of 2009 RAKESH KUMAR son of Sukhdeo Prasad Versus STATE OF BIHAR ----------- 2/ 10.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. Taking into consideration the fact that the occurrence took place on account of minor dispute which escalated and led to case and counter case meaning thereby there was free fight between the parties and the submission is in the facts of the case it would not be a case under section 307 of the Indian Penal Code, let the petitioner above named, who is in custody since 16.6.2009, 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 Chief Judicial Magistrate, Saran at Chapra, in connection with Revilganj P.S. case no.17 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, (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, and (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. JA/- (Anjana Prakash, J.)