IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37200 of 2009 DHIREN RAM @ GORNA RAM @ GORNA, son of late Somi Ram, resident of village Shankarpur, P.S. Bhargama, district Araria .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 04.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 302 of the Indian Penal Code. 3. Taking into consideration the fact that in the first information report itself it is being stated that the occurrence took place over a dispute of bamboo clumps and there was a free fight between the parties in which even the petitioner has sustained injuries and he instituted a first information report while lying injured in the hospital and the submission is that it would not be a case under Section 302 of the Indian Penal Code, let the petitioner, above named, who is in custody since 26.03.2009 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 Bhargama P.S. Case No. 45 of 2004 to the satisfaction of the Chief Judicial Magistrate, Araria, on the 2 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.)