IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43139 of 2009 SHANKAR SOREN @ MANJU SOREN SON OF LATE BHAIYA SOREN @ TIPU SOREN @ ANUP LAL SOREN Versus STATE OF BIHAR ----------- 3. 1.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 323/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner has been mentioned in the first information report as the eldest son of Tipu Soren but not specifically named as also that there is no specific overt-act against him and there is an element of doubt about the identification since the occurrence took place in the middle of the night in December, 1997 in open field, let the petitioner above named, who is in custody since 29.7.2009, 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 1st Additional District and Sessions Judge, Purnea in S.T.No.728 of 2002 arising out of Dhamdaha P.S.case No.228 of 1997, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 be well represented on each date and if - 2 - he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )