IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22733 of 2010 ASHOK RAM SON OF YOGENDRA RAM Versus THE STATE OF BIHAR ----------- 2. 8.7.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 324, 504, 307 and 302/34 of the Indian Penal Code. It has been submitted that for an occurrence dated 29.4.2009 two cases were instituted one by the prosecution and the other by the petitioner. The further submission is that occurrence took place on account of the land dispute between the agnates and it appears to be a case of free fight in the facts of the case. Moreover the allegation against the petitioner is of having assaulted with farsa on the head of the deceased, but no sharp cut injury has been found on the person of the deceased and subsequently even though the prosecution modified its case that the petitioner had assaulted the deceased with the back portion of the farsa at this stage, I am not impressed with the modification. Considering the same and also the background of the case, let the petitioner above named, who is in custody since 5.12.2009 and has no criminal antecedents, 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 Chief - 2 - Judicial Magistrate, Bagaha, West Chamapran in Bagaha (Bhairoganj) P.S.case No.149 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 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. )