IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38946 of 2009 MUKESH KUMAR @ GUDDU, S/o Late Nawal Kishore Singh. Versus THE STATE OF BIHAR ----------- 03. 07.01.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 120B and 302/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report and subsequently his name transpired during investigation on the statement of police spy that the petitioner was also involved since the petitioner was seen roaming around at the place of occurrence where the deceased boarded the train and there is no dispute of the petitioner with the deceased which dispute was between the deceased and Guddu Singh, let the petitioner above named who is in custody since 09.08.2009 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 Railway Judicial - 2 - Magistrate, Patna in connection with Mokama Rail P.S. Case No. 21 of 2009 subject to the following 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 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.)