IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.30081 of 2009 BINOD @ BINDU MALLAH, son of Sudarshan Mallah @ Sudarshan Prasad, resident of Rajput Neuri Gaushala Road, P.S. Kotwali Balia, district Balia, Uttar Pradesh .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party **** /3/ 07.10.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302 and 201 of the Indian Penal Code. 3. Taking into consideration the fact that at best it is a case of last seen and later on the confession of the petitioner is that in fact the deceased had tried to commit mischief and, therefore, he was done to death under unfortunate circumstance and there is no eye witness to the occurrence as also the fact the petitioner is in custody since 13.05.2009, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Buxar Industrial P.S. Case No. 34 of 2009 to the satisfaction of Sri N.P. Tripathi, In-charge Chief Judicial Magistrate, Buxar, on the conditions that one of the bailors will be a close relative of 2 the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and 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. S.A. (Anjana Prakash, J.)