IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19830 of 2010 GONAUR SINGH @ GUNESHWAR SINGH @ BHUNESHWAR SINGH S/O LATE SARYUG SINGH Versus STATE OF BIHAR ----------- 3. 30.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 323, 324, 307, 379, 341, 504 and 302 of the Indian Penal Code. It has been submitted that the occurrence took place on account of land dispute between the parties and the deceased died three days later. The further submission is that in the facts of the case no offence u/s.302 I.P.C. seems to be made out. Considering the same as also that the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 30.11.2009, 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 Chief Judicial Magistrate, Vaishali at Hajipur in Desri (Chandpura) P.S.case No.39 of 2000, 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is - 2 - 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, (iv) 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 (v) 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. )