IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10325 of 2010 DIPAK KUMAR SON OF SRI PARMESHWAR SINGH Versus STATE OF BIHAR ----------- 2. 1.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. The petitioner is not named in the first information report wherein other co-accused persons were named on the basis of suspicion, but final report was submitted against them. With regard to the petitioner, his complicity arose through witnesses, who stated that the petitioner had been seen with the deceased before his death, but there is no eye witness to the actual killing nor any other cogent material to connect the petitioner with crime. In view of such, let the petitioner above named, who is in custody since 9.11.2009 and has no criminal antecedents, 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 Chief Judicial Magistrate, Rohtas at Sasaram in Dinara (Bhanas) P.S.case No.116 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 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 (iii) that the petitioner will give an undertaking that he will receive the police papers on the given - 2 - 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. Narendra/ ( Anjana Prakash, J. )