IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34058 of 2009 BIRENDRA SAH, son of Raj Kumar Sah, Resident of village- Balua-Kaliyaganj, P.S. Palasi, Dist- Araria. … Petitioner Versus THE STATE OF BIHAR …. OP ----------- 2/ 12.10.2009 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, 307, 379 of the Indian Penal Code. Taking into consideration the fact that the case arises out of land dispute and the occurrence took place on the spur of the moment at which the petitioner assaulted the informant with Farsa on his head but till the submission of the chargesheet final opinion about the injury sustained by the informant was not received, let the petitioner above named, who is in custody since 15.6.2009 and has no antecedent, 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, Araria, in connection with Palasi P.S. case no.31 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 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, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)