IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3857 of 2010 SIYADHAR RAI, son of late Sarjug Rai Versus THE STATE OF BIHAR ----------- 2/ 11.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302,379/34 of the Indian Penal Code. Taking into consideration the fact that that initially the case was instituted for the offence under section 302 of the Indian Penal Code but chargesheet was submitted under section 304 of the Indian Penal Code since it was revealed during investigation that the deceased had been variously assaulted since he had trespassed in the house of Kurkut Rai for committing burglary, let the petitioner, above named, who is in custody since 7.12.2009, 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 the Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Danapur P.S. case no.384 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, (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, 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. JA/- (Anjana Prakash, J.)