IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36937 of 2009 GOPI CHAUPAL SON OF LATE SEWAL CHAUPAL, RESIDENT OF VILLAGE LOAM (CHAUPAL TOLA), P.S. SADAR, DISTRICT DARBHANGA … PETITIONER Versus STATE OF BIHAR ----------- 2. 3.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 307, 341 and 323/34 of the Indian Penal Code. Taking into consideration the fact that on a minor dispute the matter escalated to the extent that the petitioner is said to have assaulted the deceased on the back of the head with a bamboo-stick and the submission that in the facts it would not be a case under Section 302 I.P.C., let the petitioner above named, who is in custody since 5.12.2008, 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 Chief Judicial Magistrate, Darbhanga in connection with Trial No.963 of 2009 arising out of Sadar P.S.case No.288 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is 2 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 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 then his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )