IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41785 of 2009 Abhinav @ Abhinav Kumar, son of Sri Ram Chandar Singh, Resident of Village-Samartha Kalayanpur, P.S. Bibhutipur, District-Samastipur at present Loknathpur, P.S. Dalsingsarai, District-Samastipur. ……………………………….Petitioner. Versus The State of Bihar ………………………………..Opposite Party. ----------- 2. 03. 12. 2009. Heard learned counsel for the petitioner and the State and also the informant. The petitioner is an accused in a case for offences punishable under Sections 364, 365 and 120 B of the Indian Penal Code. The submission is that deceased Rajiv Kumar and one co-accused Chintu Kumar were in love with the same girl and for this reason co-accused Chintu Kumar with the help of one Amit Kumar killed him. The material against the petitioner through the confessional statement of both co- accused Amit Kumar and Chintu, it appears that after the occurrence both of them went to the house of the petitioner and asked the petitioner to assist Amit Kumar for his treatment. On his request, he went with them to the Doctor for treatment of Amit Kumar. From this statement, it is apparent that there is no allegation of either kidnapping or killing the deceased against the petitioner. The petitioner is in custody since 30.07.09. Considering the facts and circumstances of the case, the petitioner, namely, Abhinav @ Abhinav Kumar is 2 directed to be released of 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, Samastipur, in connection with Dalsingsarai P.S. Case No. 179/09, with a condition 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 and 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 bail and also 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. m.p. (Anjana Prakash, J.)