IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34984 of 2009 ABDUL ALLAM @ ABDUL ALAM SON OF ABDUL JALEEL Versus STATE OF BIHAR ----------- 4. 23.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code. In the first information report the allegation against the accused persons is that the deceased was having an affair with the a married daughter of the present petitioner on account of which he had been called to sign on a bond to marry her. However when the deceased on this pretext came to the house of the present petitioner he was variously assaulted by the accused persons. The allegation against the petitioner is of having assaulted with wooden block while other accused persons holding rods and sticks and assaulted the deceased with the same. However from the postmortem report, I find that the deceased had sustained five injuries in all, but only one injury caused by hard and blunt substance was found on the vital portion, which is not specifically attributable to any accused persons. In view of such, let the petitioner above named, who is in custody since 13.8.2009, 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 S.D.J.M., Pupri at Sitamarhi in Nanpur P.S.case No.53 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will - 2 - give an affidavit giving genealogy as to how he is related with the petitioner, (ii) 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 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 and (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. In case there is complaint against the petitioner that he is tampering with the evidence an enquiry will be done in the matter and the petitioner will be proceeded against in accordance with law. Narendra/ ( Anjana Prakash, J. )