IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43274 of 2009 DHANRAJ SHARMA, son of late Brahmdeo Sharma Versus THE STATE OF BIHAR ----------- 3/ 16.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. In the First Information Report, it has been stated that the deceased had left with the present petitioner, his step brother and six others persons and thereafter on the next day his dead body was found in an orchard. During investigation, it transpired that on the night of occurrence the petitioner and the deceased had an altercation and assaulted each other in course of which Jai Prakash, the son of the petitioner, arrived and by picking up a stick from the ground variously assaulted the deceased. There is no allegation that the petitioner caused the death of the deceased. Under the circumstances, let the petitioner, above named, who is in custody since 27.6.2009 and has no criminal 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 the Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. case no.277 of 2008, 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, - 2 - 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.)