IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9656 of 2010 SHRI RAM SAH, SON OF RAM AUTAR SAH Versus THE STATE OF BIHAR ----------- 2. 18/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 324, 326, 307, 302 and 34 of the Indian Penal Code. The allegation in the First Information Report is that the Informant, Mirtunjay Pandey, Shri Ram Sah and Prince Pandey were altercating with each other on construction of a Palani (Hut) over the land of the Informant, in course of which Shri Ram Sah, Mirtunjay Pandey and Prince Pandey assaulted the Informant and when his wife, the deceased came to intervene, co-accused Mirtunjay Pandey assaulted over the head due to which she died. In view of the fact that there is no specific overt act against the petitioner nor did the petitioner have any dispute with the Informant over the piece of land, let the petitioner above named, who is in custody since 24.11.2009, 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 Chief Judicial Magistrate, Gopalganj, in connection with Kateya P.S. Case No. 185 of 2009 subject to the following 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 - 2 - 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 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. S.Ali (Anjana Prakash, J.)