IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11186 of 2010 ANANDI DAS s/o Late Bachhu Das Versus THE STATE OF BIHAR ----------- 2/ 15.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302 of the Indian Penal Code. According to the First Information Report, the prosecution case is that the son of the informant Mukesh and the child of the present petitioner were quarrelling in course of which the present petitioner throttled the deceased. During the trial, the said Mukesh was examined along with other witnesses, who have deposed either as a hearsay witness or not supported the case of the prosecution due to which they have been declared hostile. In view of such, let the petitioner, above named, who is in custody since 24.11.2008, 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 Additional Sessions Judge, 1, Supaul, in connection with S. Tr. No.215 of 2008 arising out of Partapganj P.S. case no. 42 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. The bailor will undertake to furnish information to the court about any change in the address of 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 bail, (iii) That the - 2 - 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, and (iv) 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.)