IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8671 of 2010 1. GANESH MANJHI S/O MAHENDRA MANJHI R/O VILL.- GODGAMA (BODAKI MUSAHARI ), P.S.- SHAHPUR, DISTT.- PATNA. Versus 1. THE STATE OF BIHAR. ----------- 05. 21.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 120B/34 of the Indian Penal Code. In the First Information Report the allegation against unknown miscreants is that they variously assaulted the three persons due to which they lost their lives. It has been submitted that the petitioner’s name transpired during investigation in the confessional statement of the co-accused but he was neither put on Test Identification Parade nor has any recovery been made from his possession. It has further been submitted that the petitioner has no criminal antecedent which fact will be verified by the Magistrate before releasing the petitioner on bail. In view of such, 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 Chief Judicial Magistrate, Patna in connection with Phulwarisharif P.S. Case No. 273 of 2008 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 2 genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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 liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) 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. (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Court concerned will consider at the proper stage as to whether offence under Section 396 of the Indian Penal Code is made out in the facts of the present case. Vikash/- (Anjana Prakash, J.)