IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44253 of 2009 CHOTKAN CHOUDHARY @ NAGESH KUMAR PANDEY S/O SRI KAMTA PANDEY, R/O VILL- SIKRAUL, P.S- SIKRAHATA, DISTT- BHOJPUR, .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 06.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 302/34 of the Indian Penal Code. 3. Taking into consideration the fact that the allegation of firing is upon co-accused, Dilip Kumar, on account of which the deceased died whereas the petitioner fire did not hit or injure any one, let the petitioner, above named, who is in custody since 18.09.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Ara Nawada P.S. Case No. 180 of 2008 to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, on 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 2 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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)