IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25971 of 2010 DOMAN RAUT SON OF LATE GHOLTI RAUT Versus STATE OF BIHAR ----------- 2. 4.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. The prosecution case is that the brother of the informant had gone to his in-laws house, whereafter an information was given to them that his brother was being treated in the Hospital, due to which he rushed there and saw his brother dead. The dead body was sent for postmortem examination since at that time no injury was seen on the person of the deceased. The present case was instituted on 21.7.2008 even though the occurrence is dated 14.6.2008. The submission of the Counsel for the petitioner is that even from the first information report it appears that the entire case is based on hearsay and there is no eye witness to the occurrence and the petitioner happens to be ‘Sarhu’ of the deceased. In view of such, let the petitioner above named, who is in custody since 5.5.2010, 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 C.J.M., Banka in Banka (Barahat) P.S.case No.316 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 as to how he is related with - 2 - the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) 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 and (iii) 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. Narendra/ ( Anjana Prakash, J. )