IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10634 of 2010 MANTOSH KUMAR, son of late Malchand Rai Versus STATE OF BIHAR ----------- For the petitioner : Mr. Ghanshyam Tiwari, Advocate For the State : APP ------------- 2/ 12.04.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. The prosecution case is that on account of land dispute the assault took place and the submission is that in the facts of the case no offence under section 302 Indian Penal Code would be made out since even though the petitioner was armed with fire arms but it was not used for firing and only butt of the rifle was used for assault. In view of such, let the petitioner, above named, who is in custody since 30th September, 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 Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Naubatpur P.S. case no.132 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in - 2 - 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 (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.)