IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19914 of 2010 ARBIND MAHTO, SON OF LATE SIYASHARAN MAHTO Versus STATE OF BIHAR ----------- 3. 04.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341, 342, 323, 302, 202 and 34 of the Indian Penal Code. The prosecution case is that the deceased was waylaid by the accused persons and thereafter variously assaulted. The specific allegation against the petitioner is that he assaulted the deceased with lathi and tied his towel around the neck of the deceased whereas the allegation against Pappu Mahto that he assaulted the deceased with Saif. The post mortem examination report reveals three injuries having been caused by hard blunt substance but none of them appear to have caused the death of the deceased. In view of such, let the petitioner above named, who has no criminal antecedents, 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. No. 4th, Nalanda at Biharsharif in Sessions Trial No. 390 of 2010 arising out of Noorsarai P.S. Case No. 210 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 2 affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in address of 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 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. (iv) 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. The fact that the petitioner has no criminal antecedents will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)