IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45488 of 2009 MUKESH SAH, SON OF GOPAL SAH Versus STATE OF BIHAR ----------- 5. 05/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The petitioner is named in the First Information Report only on the basis of suspicion and, thereafter, the material that has transpired is that the deceased had love affairs with the present petitioner’s sister which was not liked by the petitioner, and therefore, he probably had a motive to commit this occurrence. However, there is no eye witness to the occurrence. In view of such, let the petitioner above named, who is in custody since 20.1.2009 and has no criminal antecedents, 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, Gopalganj, in Yadopur P.S. Case No. 3 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 genealogy as to how he is related with 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 receive the police papers on the given - 2 - 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. S.Ali (Anjana Prakash, J.)