IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38934 of 2009 MASRUDDIN, S/o Late Ayub @ Ajup, R/o village- Jogiganj Ekraha, P.S. Jankinagar, District- Purnea ...Petitioner Versus STATE OF BIHAR ...OP ----------- 2/ 09.11.2009 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. Taking into consideration the fact that petitioner is one among the forty persons named in the first information report and the allegation is that co-accused Nasruddin and Md. Rafique fired at the deceased, whereas, there is no allegation of firing upon the petitioner, 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 to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Banmankhi (Janki Nagar )P.S. case no. 93 of 1998, 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 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, 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. JA/- (Anjana Prakash, J.)