IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12662 of 2010 SUDHIR KUMAR @ WAKIL RAI, son of Lat Ramprit Rai Versus STATE OF BIHAR ----------- 2/ 27.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. Petitioner is named in the First Information Report as one of the three named and other unknown persons, who caused the death of the deceased. During investigation, it transpired that the deceased was having illicit relationship with the sister of the co-accused Sunil Kumar, on account of which, he was thrashed by the accused and unfortunately, lost his life in the transaction. Under the circumstances, let the petitioner, above named, who is in custody since 11.12.2009 and has no criminal antecedent, 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, Barh, in connection with Bakhtiyarpur P.S. case no.185 of 2009, 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 the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii)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 - 2 - liberty to initiate the proceeding for cancellation of bail on the ground of misuse, 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, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)