IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3813 of 2010 MAHESH PRASAD, S/o Somari Mahto. Versus THE STATE OF BIHAR ----------- 05. 22.04.2010 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. In the First Information Report the allegation is that the husband of the informant was done to death by Kamta Prasad by one unknown person and the brother- in-law of Kamta Prasad. Eight years later, the police concluded that the brother-in-law of the brother of Kamta Prasad was the present petitioner. The submission is that the petitioner has three more brothers and how the police has concluded that it is the petitioner who is described as the brother-in-law of the brother of Kamta Prasad is not known. In view of such, let the petitioner above named who is in custody since 24.06.2009 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 Chief Judicial Magistrate, Sheikhpura in connection with Ariari P.S. Case No. 153 of 2000 subject to the following conditions:- (i) That one of the bailors will be a close 2 relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is 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 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. (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. (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. Vikash/- (Anjana Prakash, J.)