IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6875 of 2010 SIKANDRA KORA, son of late Garju Kora Versus THE 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 section 302 and other allied sections of the Indian Penal Code, section 27 of the Arms Act, section 17 of the Criminal Law Amendment Act. The prosecution case is that the deceased was variously assaulted by unknown miscreants on suspicion that he was a police informer. During investigation, there was another version for the motive of the occurrence that in fact since the informant was having affair with the daughter of one Sitar Kora, the Kora community people were pressurizing the deceased’s family to keep the said girl in their house but the deceased was opposing and, therefore, was killed by them. The petitioner’s name transpires on 19.10.2009 i.e. eleven months after the occurrence but there is no specific overt act against him. In view of such and also that the petitioner has no criminal antecedent, let the petitioner, above named, 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 the Chief Judicial Magistrate, Jamui, in connection with Laxmipur P.S. case no.180 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 - 2 - as to how he is related with 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, and (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.)