IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33968 of 2009 BRAHMDEO PASWAN S/O LATE RAM KHELAWAN PASWAN Versus STATE OF BIHAR ----------- 3. 24.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. Taking into consideration the fact that the informant, in his first information report, has named the petitioner and other accused persons on the basis of suspicion and till then apart from suspicion there was no material against the petitioner and thereafter after about nine days, certain circumstantial evidence transpired, two months later eye witness account was given and since there was earlier enmity with the petitioner, it appears that the petitioner has been falsely implicated, let the petitioner above named, who is in custody since 20.10.2008, 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., Madhubani in connection with Jai Nagar (Deodha) P.s.case No.257 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 genealogy as to how he is related with the petitioner and (ii) that the petitioner will 2 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. Narendra/ ( Anjana Prakash, J. )