IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20116 of 2009 JAI KISHORE SAH, S/o Late Prabhu Sah Resident of Village-Alauli, P.S.-Alauli, Distt.-Khagria. Versus THE STATE OF BIHAR ----------- 05. 03.09.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner was the order giver and there is no specific overt act of assault against him and the Supervising Officer had opined that it is a case of Section 304 of the Indian Penal Code, let the petitioner above named 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, Khagria in connection with Alauli P.S. Case No. 120 of 2008 subject to the following conditions:- (i)That one of the bailors will be a close - 2 - 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 police papers on the given date and will not delay the trial. Vikash/- (Anjana Prakash, J.)