IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4717 of 2010 SANTOSH CHAUPAL, son of Gopi Chaupal Versus STATE OF BIHAR ----------- 2/ 18.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 307, 341 and 323/34 of the Indian Penal Code. Taking into consideration the relationship between the parties as also the manner in which the occurrence was committed and the allegation against the petitioner that he assaulted the deceased with back portion of the spade suggesting that he did not intend to cause death of the deceased, let the petitioner, above named, who is in custody since 30.11.2008, 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 Sessions Judge, Darbhanga, in connection with S. Tr. No. 21 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, (ii)that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, 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.)