IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20505 of 2010 MD.RASHID @ RASHID, SON OF MASIH ALAM Versus THE STATE OF BIHAR ----------- 2. 16.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code. In the First Information Report the allegation against the accused persons is that the deceased was having an affair with a married cousin of the present petitioner on account of which he had been called to sign on a bond to marry her. However, when the deceased on this pretext came to the house of the uncle of the petitioner, he was variously assaulted by the accused persons. The allegation against the petitioner is of having assaulted with wooden block while other accused persons holding rods and sticks and assaulted the deceased with the same. However, from the post mortem report, I find that the deceased had sustained five injuries in all, but only one injury caused by hard and blund substance was found on the vital portion, which is not specifically attributable to any accused persons. In view of such, let the petitioner above named, who is in custody since 5.4.2010, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of 2 the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Pupri at Sitamarhi, in Nanpur P.S. Case No. 53 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 petitioner. The bailors will undertake to furnish information to the court about any change in the address of 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. In case there is complaint against the petitioner that he is tampering with the evidence, an enquiry will be done in the matter and the petitioner will be proceeded against in accordance with law. S.Ali ( Anjana Prakash, J. )