IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16295 of 2010 MAHESHI MAHTO SON OF RAM SARUP MAHTO Versus THE STATE OF BIHAR ----------- 2. 17.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 and other allied sections of the Indian Penal Code. The petitioner is one of the twenty six persons named in the first information report along with 40-50 unknown persons took part in the present occurrence of assaulting the deceased. There is no specific overt-act against the petitioner and during investigation it transpired that the deceased had, in fact, attempted to outrage the modesty of a lady on account of which, this occurrence took place. In view of such, let the petitioner above named, who is in custody since 6.1.2010, 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 Chief Judicial Magistrate, Gaya in Konch P.S.case No.96 of 2008, 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 and (iii) - 2 - 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. Narendra/ ( Anjana Prakash, J. )