IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35230 of 2009 MAHENDER PASWAN @ MAHENDRA PASWAN Versus THE STATE OF BIHAR ----------- 02. 15.10.2009 Learned counsel for the petitioner is permitted to make correction in the title page of the petition. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. Taking into consideration the fact that the only allegation against the petitioner is of having been seen fleeing away in the dead of night from the place of occurrence but there is no eye witness and there is a previous land dispute between the parties, let the petitioner who has no criminal antecedent and is in custody since 17.02.2009 be released on bail on furnishing bail bonds of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M, Sherghati at Gaya in connection with Dumaria P.S. Case No. 39 of 2008 subject to the conditions that (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 2 released on bail (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial and if he fail to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. Shageer (Anjana Prakash, J)