IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3487 of 2010 PUNYADEO BHAGAT, SON OF LATE JAI MANGAL BHAGAT Versus STATE OF BIHAR ----------- 2. 01/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364, 120(B), 34, 302, 201 and 216 of the Indian Penal Code. In the First Information Report, the allegation against the co-accused persons is that they took away mother of the deceased and thereafter her dead body was discovered on which Section 302 of the Indian Penal Code was added. The petitioner is not named in the First Information Report. Later on, during investigation it transpired that co-accused Pawan Singh and Abhay Singh had sought shelter in his house after the occurrence. There is no allegation of either kidnapping or committing the murder of the deceased against the petitioner. In view of the aforesaid, let the petitioner above named, 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 Sri A.K. Rai, Judicial Magistrate 1st Class, Sadar Motihari, in Chakia P.S. Case No. 154 of 2009, Tr. No. 1458 of 2009 subject to the following 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. (ii)That the bailor shall also state on affidavit that he will inform - 2 - 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 liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (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. S.Ali (Anjana Prakash, J.)