IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2347 of 2010 BAHARAN MANJHI SON OF LATE BRAHMDEO MANJHI Versus STATE OF BIHAR ----------- 3. 7.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. The prosecution case is that when the deceased, the brother of the petitioner, protested against the activities of the daughters of the petitioner, an altercation ensued, in course of which the petitioner is said to have thrown a fasuli which hit the deceased, due to which he was injured and died later on. The submission is that the assault appears to be quite unintentional and in the facts of the case it would not be a case u/s.302 I.P.C. In view of such, let the petitioner above named, who is in custody since 9.5.2008, 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 Addl. Sessions Judge II, Gopalganj in S.Tr.No.303 of 2009 arising out of Mohammadpur P.S.case No.34 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 bailor shall also state on affidavit that he will inform the court - 2 - 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )