IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45702 of 2009 BHATAN MANJHI, son of Shiv Brat Manjhi Versus STATE OF BIHAR ----------- 02. 08.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 341, 123, 504, 379, 342,302 of the Indian Penal Code. Taking into consideration the fact that the occurrence took place on the spur of the moment, petitioner has not been named in the First Information Report and his name transpired during investigation, there is no specific overt act against the petitioner and later on Section 302 was added, let the petitioner above named who is in custody since 30.06.2009, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Praiya P.S. Case No. 25 of 2009, 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 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 give an 2 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. Shageer (Anjana Prakash, J)