IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37307 of 2009 MUNNA YADAV, S/o Ramadhar Yadav, Resident of village- Awrai, P.S.- Barharia, District- Siwan ...Petitioner Versus STATE OF BIHAR ...OP ----------- 2/ 04.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 406, 420/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner and the informant are close agnets and a minor dispute led to free fight between the parties and institution of case and counter case and even though the injuries are said to be grievous but the submission is that it would not be a case under section 307 of the Indian Penal Code in the facts and circumstances of the case, let the petitioner above named, who is in custody since 1.7.2009, 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 the Chief Judicial Magistrate, Siwan, in connection with Barharia P.S. case no.81 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, (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, 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, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)