IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12708 of 2010 AMIT KUMAR, S/o Sri Ram Bilas Ray. Versus THE STATE OF BIHAR ----------- 02. 27.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that when the deceased went out to urinate he was injured by unknown miscreants and thereafter taken into the hospital where he lost his life. During investigation at a belated stage the petitioner was named as one of the miscreants but it is not explained as to why his name was not disclosed earlier by the said witnesses. This is admitted fact that there is dispute between the parties. In view of such, let the petitioner above named who is in custody since 25.05.2009 and has no criminal antecedent 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, Begusarai in 2 connection with Barauni (Zero Mile) P.S. Case No. 129 of 2009 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not 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. Vikash/- (Anjana Prakash, J.)