IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9992 of 2010 LAGAN DEO GOND, S/o Baiju Gond @ Baijnath Gond. Versus THE STATE OF BIHAR ----------- 02. 31.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341 and 302/34 of the Indian Penal Code. The informant is the wife of the deceased who stated that when she heard that her husband has been stabbed she rushed to the place of occurrence and found her husband injured. When the deceased, her husband was being taken for the better treatment he disclosed that two accused persons had called him to the market place where three accused persons had stabbed him due to which he was injured. The petitioner is not named in the First Information Report. Subsequently the informant in her further statement and some other witnesses in their statements have stated that in the oral dying declaration the petitioner had also been named. There is no explanation as to why the petitioner’s name was - 2 - not disclosed at the earliest instance. In view of such and also that the petitioner has no criminal antecedent and in custody since 12.11.2009, 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 to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Manjhi P.S. Case No. 136 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. (ii) That the affidavit shall clearly state that the petitioner is not 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 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.)