IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5353 of 2010 RAJDEO MUKHIYA,son of Sukhdeo Mukhiya Versus THE STATE OF BIHAR ----------- 02/ 23-02-2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/147/149/447/323 of the Indian Penal Code. Taking into consideration the fact that the occurrence took place in course of minor altercation between the parties when the petitioner assaulted the deceased with bamboo stick and therefore submission is that in facts of the case no offence under Section 302 of the Penal Code is made out as also that the FIR was instituted four days after the occurrence, let the above named petitioner, who is in custody since 21-08-2009 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 to the satisfaction of the Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P.S.Case No.36/2009, subject to the conditions (a) 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, (b) 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 (d) 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. AH/ ( Anjana Prakash, J. )