IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1137 of 2010 JAGLAL CHAUHAN SON OF RAM BILASH CHAUDHARY Versus STATE OF BIHAR ----------- 3. 23.2.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. The prosecution case is that in the middle of the night a number of accused persons entered into the house of the informant and thereafter it is the petitioner, who assaulted the deceased with the dagger on the head, due to which he died. During investigation the neighbours of the informant were examined, who stated that in fact the deceased family was very aggressive and even in the night of the occurrence they had taken drinks and in the middle of the night Laxmi Chauhan, who has been examined in paragraph 10 of the case diary, stated that the informant came and told him that his father had sustained head injury. However he did not disclose any names of the accused persons. Similarly in paragraph 12 of the case diary another neighbour, namely Prabhunath Chauhan was examined, who also stated likewise that the informant did not disclose any names of the accused persons. In paragraph 14 of the case diary the driver of the vehicle was examined, who had taken the deceased to the Hospital on the pretext of the informant that a pregnant lady was to be carried to the Hospital and he also did not overhear any names of the accused persons. Thereafter the - 2 - present informant gave a statement by way of fard beyan at the Hospital, the next morning at 9 A.M. Taking into consideration the aforementioned facts as also that the petitioners are agnates and on litigating terms with the informant, let the petitioner above named, who is in custody since 20.11.2009, 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 Chief Judicial Magistrate, Siwan in Mairwa P.S.case No.45 of 2009, subject to the 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, (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 of bail and (iii) 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. Narendra/ ( Anjana Prakash, J. )