IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38503 of 2009 MANOJ SINGH @ MANOJ KUMAR SINGH, son of Sri Awadh Bihari Singh, resident of village Rup Sagar, P.S. Nawanagar, district Buxar .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 06.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 302 of the Indian Penal Code. 3. Taking into consideration the fact that even though the allegation is of having assault the deceased with the stone on the chest, but, from the facts of the case the submission is that it would not be a case under Section 302 of the Indian Penal Code since the occurrence took place on the spur of the moment without premeditation, let the petitioner, above named, who is in custody since 11.05.2009, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with S. Tr. No. 220 of 2009 (arising out of Nawanagar P.S. Case No. 43 of 2009) to the satisfaction of Sri Ganesh Prasad Singh, Additional District Judge, Fast Track Court, II, Buxar, on the conditions (i) that one of the 2 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 and (ii) 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. S.A. (Anjana Prakash, J.)