IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33624 of 2009 ARUN SAHNI SON OF BRIKSH SAHNI Versus STATE OF BIHAR ----------- 5. 09/02/2010 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 there is a counter version to the occurrence and even though the allegation against the petitioner is of having assaulted the deceased with an iron rod due to which he died later on, but from the facts of the case it has been submitted that no offence under Section 302 I.P.C. would be made out, let the petitioner above named, who is in custody since 5.4.2009 and 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 Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 299 of 2007 subject to the following 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 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 2 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. S.Ali (Anjana Prakash, J.)