IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36680 of 2009 DAVENDRA RAI @ DAVINDRA RAI, s/o late Buchan Rai, r/o vill. Guljarpur, P.S. Sahar, district Bhojpur .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 29.10.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302 and 120B/34 of the Indian Penal Code. 3. Taking into consideration the fact that petitioner has been named in the first information report on the basis of suspicion on account of an earlier dispute with the deceased who was a veteran criminal and there is no eye witness nor any direct material against the petitioner, let the petitioner, above named, who is in custody since 25.08.2009, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Sahar P.S. Case No. 25 of 2009 to the satisfaction of the Chief Judicial Magistrate, Bhojpur, on the 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 affidavit 2 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 and (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)