IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.29798 of 2010 UDAI PATEL @ UDAY PATEL son of Late Jagarnath Patel Versus THE STATE OF BIHAR ----------- 3/ 27.10.2010 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. It has been submitted that even though the occurrence is said to have taken place on 24.3.2009, but the deceased died two days later and there is just general allegation against the petitioner of having assaulted the deceased. Considering the same as also that the petitioner has no criminal antecedents, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of the 5th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No.410 of 2010 arising out of Paroo P.S. case no.42 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 and the other bailor shall be the mother of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of 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 - 2 - the bailors shall also state on affidavit that they 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, (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.)