IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33703 of 2011 Daroga Mahto, son of late Mangaru Mahto Versus The State Of Bihar ---------------------------------- 3. 02.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. Considering that the petitioner is in custody since 23.4.2011 and only one injury was found on the person of the deceased and the assault took place in the midst of a minor altercation ensuing between the parties, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of IInd Additional Sessions Judge, F.T.C. Bettiah (West Champaran) in connection with Sessions Trial No. 369 of 2011, arising out of Bairiya P.S. Case No. 46 of 2011, 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 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 bailor shall also state on affidavit that he will inform the court concerned if the 2 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. (iv) That the petitioner will be physically present on each date and if he fails to do so on two consecutive dates, his bail shall stand automatically cancelled. S.Ali ( Anjana Prakash, J.)