IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24706 of 2010 DHANMA MUSHAR @ RAJESHWAR S/O LATE BHADAI MUSHAR Versus STATE OF BIHAR ----------- 3. 27.08.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 304 of the Indian Penal Code. It has been submitted that initially the case was instituted under Section 304 I.P.C. but subsequently charge sheet was submitted under Section 302 I.P.C. for which the petitioner is in custody since 24.7.2007 till date even though the charge was framed on 19.4.2008 only one witness has been examined who did not support the case of examination. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of 4th Additional District and Sessions Judge, Ara, Bhojpur 2 in connection with Sessions Trial No. 24/08 (arising out of Charpokhari P.S. Case No. 122/2006), subject to the conditions, (i) That one of the bailor 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, (iii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )