IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21216 of 2009 BIRENDRA YADAV, son of Mishri Lal Yadav resident of village- Dakaria, P.S. Chhatapur, Dist. Supaul …. Petitioner Versus STATE OF BIHAR … OP ----------- 4/ 06.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307 and other allied sections of the Indian Penal Code. Taking into consideration the fact that the occurrence is said to have taken place while talks about partition was going on in the heat of passion and no offence under section 307 of the Indian Penal Code is made out, 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 the Chief Judicial Magistrate, Supaul, in connection with Chhatapur P.S. case no.136 of 2008, 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, and (ii) that the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)