IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16278 of 2009 SANJAY KUMAR @ SANJAY KUMAR SINGH, son of Ram Kumar Singh, resident of village-Balua Kuari, P.S.-Hajipur Sadar, District-Vaishali. ……Petitioner Versus The State Of Bihar …..Opposite Party ----------- 03. 17.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302 of the Indian Penal Code. It has been submitted that the deceased was the cousin grandfather of the present petitioner and it is alleged that the occurrence took place because the petitioner’s family was aggrieved since he was living with his other nephew is a far fetched motive. Also the First Information Report has been instituted by the Chaukidar alleging that petitioner had assaulted the deceased with Lathi on his head but he is not an eye witness to the occurrence nor is there any eye witness in the entire case diary which fact is not disputed by the learned A.P.P. Under the circumstances, let the petitioner above named is directed to 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, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 72 of 2009 subject to the conditions (i) 2 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, (iii)That the petitioner will give an undertaking that he will receive the police paper on the given date and will not delay the trial. Shageer (Anjana Prakash, J)