IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.563 of 2010 PAPPU SINGH @ ABHAY KUMAR SINGH, S/O BISHWANATH SINGH @ BISHU SINGH Versus STATE OF BIHAR **** /3/ 18.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 302/34 of the Indian Penal Code. 3. In the first information report the allegation against the accused Ajay Singh was that he caught hold of the deceased whereas the petitioner gave knife blow on the chest of the deceased. During investigation it transpired that the deceased was an extortionist and used to extort money from the shop keepers on account of which the petitioner, a shop keeper, had filed an informatory petition before the police. The submission is that is on account of this probably the occurrence had taken place in a fit of rage and, therefore, no offence under Section 302 of the Indian Penal Code would be made out. 4. Under the circumstances, let the petitioner, above named, who is in custody since 10.08.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like 2 amount each in connection with Sonepur P.S. Case No. 180 of 2009 to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, on 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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)