IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.16388 of 2010 SHIV MAHTO s/o Late Bangali Mahto Versus THE STATE OF BIHAR ----------- 4/ 20.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 of the Indian Penal Code. The prosecution case is that the deceased and the accused persons for some reason started heated exchange of words in course of which the accused persons assaulted the deceased on account of which he died. Considering the submission that there is no specific overt act against the petitioner and the occurrence took place in the midst of the altercation as also the petitioner has no criminal antecedent, 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 the Sub-Divisional Judicial Magistrate, Raxaul, East Champaran, in connection with Raxaul (Haraiya) P.S. Case No.8 of 2010,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 bailors 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 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 - 2 - 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, (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. JA/- (Anjana Prakash, J.)