IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6715 of 2010 RAJESH CHOUDHARY, son of Sri Gopal Choudhary Versus STATE OF BIHAR ----------- 3/ 31.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code and section 27of the Arms Act. The informant in her statement in the First Information Report has stated that she learnt from the friend of the deceased Raj Kumar Toni that her son has been killed by some unknown assailants. Later on, the said Raj Kumar Toni disclosed the name of the petitioner as one of the assailants of the deceased. He has also stated that he had given this information to the mother of the deceased i.e. the informant. There is no explanation as to why despite this information the petitioner’s name was not disclosed in the First Information Report. In view of such, let the petitioner, above named, who is in custody since 24.8.2009 and has no criminal antecedent, 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 Additional Chief Judicial Magistrate, Patna city, Patna, in connection with Alamganj P.S. case no.94 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,(ii)that the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on - 2 - 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, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)