IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31470 of 2009 MD.RUSTAM S/o Late Md. Habib, resident of village- Tara Bariyarpur, P.S. Khodawandpur, District- Begusarai … Petitioner Versus STATE OF BIHAR ... OP ----------- 2/ 16.09.2009 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. Taking into consideration the fact that there is no eye witness to the occurrence and there is only bald allegation that the petitioner had drowned the son of the informant but there is material in paragraph 9 of the case diary to suggest that, in fact, the deceased died accidentally while collecting fishes in the pond, let the petitioner above named, who has no concern with the co-accused Awadhesh Mahto and Ramjapo Paswan, with whom there was some kind of motive for this occurrence, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Khodawandpur P.S. case no.84 of 2007, 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 will not delay the trial. JA/- (Anjana Prakash, J.)