IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24941 of 2011 Bittu Kumar, S/o Munna Prasad. Versus The State Of Bihar ----------------- 03. 16.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 448, 504 and 307/34 of the Indian Penal Code. It has been submitted that in both the cases filed by the parties it is conceded that the occurrence took place on account of the fact that the sister of the informant was being teased by some persons in which the hand of the petitioner was suspected. The further submission is that on the date of occurrence an assault took place between the parties who are close relative in which both the parties were injured. The petitioner is said to have given a dagger blow on the stomach of the injured. During investigation Dolly Kumari stated that assault took place with the fused tube-light. Considering that the simple injuries were sustained by the injured and the petitioner himself was injured as also the petitioner is close relative and, therefore, in the interest of justice, let the petitioner, above named who has fair antecedents be released on bail 2 on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Sohsarai P.S. Case No. 25 of 2011 subject to the following 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 maternal uncle of the petitioner namely Pramod Kumar. The bailor will also undertake to inform the Court if there is 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 the bailor shall also state on affidavit that he 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 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. (v) That the petitioner will be well 3 represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. If any complaint is made to the Trial Court about the conduct of the accused persons effective steps shall be taken for initiating proceeding for cancellation of bail. Vikash/- (Anjana Prakash, J.)