IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25007 of 2009 DINESH SINGH @ DINESH KUMAR SINGH SON OF RANGILA SINGH, RESIDENT OF VILLAGE PIPARA, P.S. BANIYAPUR, DISTRICT SARAN …. PETITIONER Versus STATE OF BIHAR ----------- 4. 29.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. Taking into consideration the fact that the dispute arose amongst gamblers and then an assault took place in which the petitioner is said to have pressed the neck of the deceased and the submission is that in the facts and circumstances of the case no offence under Section 302 I.P.C. would be made out, let the petitioner above named, who is in custody since 16.3.2009 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 C.J.M., Saran at Chapra in connection with Baniyapur P.S.case No.107 of 2007, 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 - 2 - 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. )