IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22910 of 2010 BATESHWAR CHAUBEY @ OM PRAKASH CHAUBEY S/o Late Megh Nath Chaubey Petitioner Versus STATE OF BIHAR Opp. Party ----------- 02 08.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307, 325 and other allied sections of the Indian Penal Code. It is being submitted that for the occurrence dated 1.10.2009 two cases were instituted: one by either side and the case instituted by the accused is earlier in time. It is further stated that from the facts of this case, it appears that there was free fight between the parties and as such no case under section 307 IPC is made out. Considering that the petitioner is in custody since 17.3.2010 and has fair antecedent, 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, Kaimur at Bhabua in Bhagwanpur (Belaown) P.S. Case no. 96 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 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 petitioner is implicated in any other case of - 2 - 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 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 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 (v) that the petitioner will be represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. shahid (Anjana Prakash, J)