IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19793 of 2010 SHESH NATH PRASAD SON OF LATE SURAJ PRASAD Versus STATE OF BIHAR ----------- 3. 18.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 307 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioner is the full brother of the deceased, but he was not named in the first information report by the deceased while giving his statement and almost about a month later the wife of the deceased implicated the petitioner. Considering the same, let the petitioner above named, who is in custody since 19.1.2010, 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 Sub-Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in Jitna (Ghorasahan) P.S.case No.196 of 2006, 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) that the petitioner will give an undertaking that he will - 2 - 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 and (iv) 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. Narendra/ ( Anjana Prakash, J. )