IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5043 of 2010 MD.MANNAN @ MD.MANNAN SAH @ MUSLIM SAH, son of Md. Muslim Sah, resident of village Manikpur Musharnia P.S. Parihar, District Sitamarhi-----------petitioner Versus THE STATE OF BIHAR-------------------------opp.party ----------- 2. 22.2.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 342, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. The prosecution case is that the accused persons came and they started variously assaulting the informant and his family members at which when his wife came to intercept then co- accused Md.Muslim brought a garasi from his house which the petitioner took from him and assaulted the injured on her neck. However, he did not repeat the same and from the fact of the case it appears that the assault took place on the spur of the moment and therefore the submission is that in the facts and circumstances no offence under Section 307 IPC is made out. Under the circumstances, let the petitioner, who is in custody since 24.12.2009 and has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5000/- (Rupees five 2 thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Parihar P.S.case No. 132 of 2009 on the following conditions : (1) 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, (2) 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, (3) 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 (4) 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, 3 his bail will be liable to be cancelled for reasons of misuse. (Anjana Prakash,J.) Spal/