IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17386 of 2010 NAGESHWAR YADAV, S/o Sri Bindeshwar Yadav. Versus THE STATE OF BIAHR ----------- 03. 22.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 447, 341, 323, 324, 307 and 302/34 of the Indian Penal Code. The prosecution case is that on account of land dispute the accused persons came upon the land of the informant and variously assaulted and the specific overt act against the petitioner is that he assaulted the deceased with farsa on the head on account of which he later died. The submission is that the occurrence took place on account of land dispute and from the facts of the case it does not appear to be a case under Section 302 of the Indian Penal Code. In view of such, let the petitioner, above named who is in custody since 05.07.2009 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 Additional Sessions 2 Judge, F.T.C.-IV, Madhubani in connection with S.Tr. No. 270 of 2009 arising out of Ghoghardiha P.S. Case No. 60 of 2009 (G.R. No. 711 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 bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. Vikash/- (Anjana Prakash, J.)