IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2646 of 2010 BUTAN SAI, SON OF LATE FOOL MOHAMMAD SAI Versus STATE OF BIHAR ----------- 3. 05/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. The petitioner is not named in the First Information Report but subsequently, on the very same day in the restatement, the Informant alleged that the petitioner along with ten other persons was seen in the vicinity where the occurrence took place. It is not explained as to why the Informant did not name the present petitioner in the First Information Itself. It has been submitted that there is no eye witness to the occurrence and the entire case is based only on suspicion having been cast upon him, on account of having been seen in the vicinity. Under the circumstances, let the petitioner above named, who is in custody since 11.11.2009, 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, Siwan, in connection with Siwan Town P.S. Case No. 43 of 2006 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in - 2 - any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (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. (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. S.Ali (Anjana Prakash, J.)