IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6858 of 2010 PAPPU KUMAR @ PAPPU KUMAR ROY, son of Shri Vaidyanath Rai Versus STATE OF BIHAR ----------- 3/ 08.04.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364, 302, 201 and 34 of the Indian Penal Code. It has been alleged in the First Information Report that the deceased was taken away forcibly by the accused person and on the next day, the dead body was discovered in another village. However, during investigation, it transpired that when the dead-body was discovered by the villagers, an effort was made to ascertain his identity and thereafter it was traced to the present informant who then instituted the present case. It has been submitted that the deceased and the accused persons were friends and the deceased had left with the accused willingly and they had no role to play in commission of his murder. Moreover, the postmortem examination report could not conclusively opine about the cause of death and, therefore, viscera was sent for chemical analysis. In the aforesaid circumstances, let the petitioner above named, who is in custody since 15.9.2009, 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 Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur, in connection with Ujiarpur P.S. Case No. 136 of 2009 subject to the following conditions: (i)that one of - 2 - 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 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, (iv)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.)