IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44659 of 2009 DINESH JHA S/O LATE PULKIT JHA R/O VILL- SRIPUR, P.S. PRATAP GANJ, DISTT. SUPAUL .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 06.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 324, 307, 302 and other allies sections of the Indian Penal Code. 3. Taking into consideration the fact that the occurrence took place on account of retaliation of the deceased having assaulted earlier and from the facts of the case it does not appear to be a case under Section 302 of the Indian Penal Code since the blunt portion of the spade was used and the assault was not repeated, let the petitioner, above named, who is in custody since 07.01.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with S.T. No. 128 of 2009 arising out of Pratapganj P.S. Case No. 46 of 2008 to the 2 satisfaction of the Additional Sessions Judge, Fast Track Court, II, Supaul, on the condition 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. In case the petitioner takes two consecutive dates without any cogent reason and delays in framing of charge, the trial Court will be at liberty to cancel his bail for reason of misuse of bail. S.A. (Anjana Prakash, J.)