IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12955 of 2010 MD.HAKIM S/O MD. USMAN Versus STATE OF BIHAR ----------- 2. 20.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 323, 324, 307, 379, 427, 504 and 302 of the Indian Penal Code. The prosecution case is that on 19.9.2009 at about 1 0’ clock the accused persons variously armed assaulted the informant and his uncle. The specific overt-act is that the petitioner assaulted the deceased with farsa on the head and thereafter the accused persons assaulted him with fists and slaps. The occurrence is said to have taken place because the accused persons were pressurizing the informant to vacate the shop. On the same day before the present first information report was instituted the petitioner gave a fard beyan stating therein that the prosecution party had assaulted him and several others. The deceased appears to have died four days later and the postmortem examination report reveals that the opinion with regard to death was injury caused by hard and blunt substance. The submission is that it appears to be a case of free fight between the parties and in the facts of the case no offence u/s.302 I.P.C. would be made out as also the postmortem examination report belies the prosecution case. In view of such, let the petitioner above named, who is - 2 - in custody since 22.12.2009 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 Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in Lakhnour P.S.case No.63 of 2009, 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. The bailor will undertake to furnish information to the court about any change in the address of 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 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 (iv) 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, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )