IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39096 of 2009 NARESH RAI son of Radha Sharma Rai @ Radhe Rai Versus STATE OF BIHAR ----------- 2/ 10.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201/34 of the Indian Penal Code and section 3(2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Taking into consideration the fact that even as per the first information report the only allegation is that the petitioner was seen last with the deceased but during investigation certain witnesses have stated that the deceased was last seen alive in the company of co- accused Umesh Rai and the petitioner used to live in Delhi and there was no occasion for him to go to the house of the informant with the deceased and has no motive to commit such occurrence, let the petitioner above named 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 the SDJM, Pupri at Sitamarhi, in connection with Sursand P.S. case no.74 of 2009, 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, and (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 - 2 - 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.)