IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24082 of 2009 SAHDEO PANDIT, son of Late Moru Pandit @ Hem Raj Pandit Versus THE STATE OF BIHAR ----------- 6/ 10.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 147, 148, 149, 323, 324, 307 and 504 of the Indian Penal Code. Subsequently, section 302 of the Indian Penal Code was also added. In the background of land dispute the parties clashed between themselves for which two cases were instituted one each on either side. In the present First Information Report, it has been alleged that the petitioner had assaulted the deceased with sword but there is no allegation of repetition of the same and from the narrative of the First Information Report, it appears that assault took place in the midst of altercation when the parties lost the balance. Under the circumstances, let the petitioner, above named, who is in custody since 26.9.2008,, 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 Sessions Judge, Jamui, in connection with S. T. No. 115 of 2009 arising out of Sono P.S. case no.106 of 2008, 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, (ii) 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 - 2 - 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 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.)