IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28084 of 2010 AVINASH PANDEY SON OF CHANDRA SHEKHAR PANDEY @ CHANDRA SHEKHAR AZAD Versus STATE OF BIHAR ----------- 2. 20.8.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 341, 323, 307, 302 and 504/34 of the Indian Penal Code. Considering that the occurrence took place when the parties clashed between themselves over a minor issue which led to assault upon the deceased and other co-accused persons have already been granted bail by this Court, let the petitioner above named, who is in custody since 22.5.2010, 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, Madhubani in Rahika P.S.case No.108 of 2009, 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 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, (iii) that the petitioner will give an undertaking that he will - 2 - 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 (iv) 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. It has been submitted that the petitioner is an accused in only one other case, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )