IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37268 of 2009 RANJEET KUMAR S/O LATE HAZARI ROY, R/O VIKAS BIHAR COLONY, P.O.DHANAUT P/S PHULWARISARIF DIST. PATNA .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /4/ 04.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 448, 307, 341, 354 and 324 of the Indian Penal Code, later on Section 302 of the Indian Penal Code has been added. 3. It has been submitted that even though the case has been instituted on the dying declaration of the deceased, but, it appears highly doubtful for the reason that even though the occurrence has taken place on 13.07.2008, the statement of the deceased was recorded at the hospital only on 16.07.2008 and though the deceased survived for the next about nine days no effort was taken to record her dying declaration by a Magistrate. Further, submission is that there was land dispute between the parties and they have been implicated on account of such dispute. 4. Taking into consideration the fact, let the 2 petitioner, above named, who is in custody since 27.03.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Sessions Trial No. 922 of 2009 arising out of Rajiv Nagar P.S. Case No. 87 of 2008 to the satisfaction of the Additional Sessions Judge, Patna, on 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)