IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31667 of 2009 RAJEEV KUMAR @ RAJEEV KUMAR YADAV, Son of Ayodhi Yadav, Resident of Village-Khalifa Tola, P.S.- Mirganj, District-Purnia. Versus THE STATE OF BIHAR ----------- 03. 03.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. Taking into consideration the fact that even though the occurrence is said to have been taken place on the night between 25/26.08.2008 and the post mortem held on 28.08.2008 but the time since death has been opined to 4 to 5 days earlier and also the fact that no definite cause of death could be given, let the petitioner above named who is in custody since 29.05.2009 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 Chief Judicial Magistrate, Purnia in connection with Mirganj P.S. Case No. 37 of 2008 subject to the following - 2 - 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. (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. Vikash/- (Anjana Prakash, J.)