IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8545 of 2010 SURESH YADAV, S/o Brahmdeo Yadav.l Versus THE STATE OF BIHAR ----------- 02. 12.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code. On 13.08.2009 the informant instituted a case that on 31.07.2009 his sister-in-law by agnatic relation-ship was abusing the deceased to which he protested and thereupon one Bhushan Yadav assaulted on the head of the deceased due to which he was injured and the petitioner is said to have assaulted on the neck. The deceased was taken to Saharsa Sadar Hospital and then to PMCH from where he was discharged and thereafter his condition deteriorated so he was brought to Rajeshwar Hospital where he died. The post-mortem examination report has been annexed which shows that injuries had been sustained by the deceased only on the scalp. There is no explanation as to why the First - 2 - Information Report was instituted after thirteen days of the occurrence. In view of such, let the petitioner above named who is in custody since 11.09.2009 and has no criminal antecedent 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 Additional Sessions Judge, F.T.C.-V, Saharsa in connection with S.Tr. No. 03 of 2010 arising out of Bakhtiyarpur (Balwahat) P.S. Case No. 225 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)