IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5453 of 2010 BAIDH NATH SINGH @ BAIJ NATH SINGH Versus STATE OF BIHAR -- -----a---- 2 23.2.2010 Heard the learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under section 302/34 of the I.P.C. F.I.R. was instituted by one Mahabir Singh, the informant, that his father was found dead in the Mango orchard and the allegation was that the deceased was done to death in orchard by some unknown miscreants. When the investigation started the informant was himself made an accused on account of some land dispute between him and deceased. The petitioner happens to be the brother-in-law (sala of the informant ) and therefore was made an accused without any direct material against him. Taking into consideration the aforesaid fact let the petitioner, above named, who is in custody since 30.9.09 having no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur, District- Madhubani, in Phulparas (Ghoghardiha)P.S. Case No.127/08, G.R.No.568/08, subject to the conditions that (a) one of the bailers will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, (b) 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 2 bail and (c) 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. Anilkr.sinha (Anjana Prakash,J.)