IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43453 of 2009 RATAN SINGH, s/o Late Bhatu Singh Versus STATE OF BIHAR ----------- 4/ 18.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 364, 302, 201/34 of the Indian Penal Code. The first informant has stated that his brother Ram Prasad had gone for a Panchayati on the invitation of co-accused Rajendra Yadav and when he did not return, the informant went looking for him and found him sitting in the community hall along with the accused persons including the present petitioner. When the informant asked his brother-deceased to come, he was told by the accused that he would go later. Unfortunately, the informant’s brother did not return and after five days his dead body was found in a pond. The informant in a field nearby saw trampling marks as also plastic sandals of co-accused Rajo Singh and spectacles of Mahendra Yadav along with some remains of the deceased brother. The submission is that there is no eye witness to the occurrence and the only material that has transpired against the petitioner is that he was also found sitting where Panchayati took place. There is no motive assigned to the petitioner for having committed the occurrence. Under the circumstances, let the petitioner, above named, who is in custody since 17.7.2009 and has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) - 2 - with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui, in connection with Sono P.S. case no.121 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,(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 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. JA/- (Anjana Prakash, J.)