IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39338 of 2009 PRATAP SAH, son of late Badar Sah Versus THE STATE OF BIHAR ----------- 3/ 04.01.2010 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. It has been submitted that the first information report has been instituted after three days of the occurrence by the wife of the deceased, who herself is not an eye witness and thereafter in paragraph 17, one Bibi Roushan was examined as witness, who stated that it was co-accused Binod Sah, who caused knife injuries on the person of the deceased. Taking into consideration the aforementioned fact, let the petitioner, above named, who is in custody since 22.8.2009, 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, Araria, in connection with Forbesganj (Simraha) P.S. case no.57 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 the petitioner, and (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. JA/- (Anjana Prakash, J.)