IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34552 of 2009 KRIPA SHANKAR MISHRA S/O LATE KEDAR MISHRA, R/O VILLAGE TELAKATHU, P.S. M.H. NAGAR, HUSSAINGANJ, DISTRICT SIWAN …. PETITIONER Versus STATE OF BIHAR ----------- 2. 13.10.2009 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 there is no eye witness to the occurrence and even though the informant has alleged that the deceased was last seen in the company of the present petitioner and the submission is that it is improbable since the deceased was an accused in the murder of the petitioner’s father, mother and two sisters and also a criminal, let the petitioner above named, against whom there is only circumstantial material and is in custody since 19.5.2009 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 C.J.M., Siwan in Hussainganj (M.H.Nagar) P.S.case No.88 of 2005, 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, (ii) that the affidavit shall clearly state that the - 2 - petitioner is not an accused in any other case and if he is, he shall not be released on bail and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )