IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37637 of 2009 RAJAN SINGH, son of Naresh Singh Versus STATE OF BIHAR ----------- 3/ 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. The background of the case is that deceased and his community people had misbehaved in intoxicated stage and assaulted the accused persons and in retaliation the present occurrence took place without premeditation. Taking into consideration the fact that the occurrence took place in the heat of moment, let the petitioner above named, who is in custody since 16th July, 2009, and has no antecedent, 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, Nawada, in connection with Nawadah Town P.S. case no.219 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, (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, - 2 - his bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)