IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18926 of 2009 RAMESHWAR MAHTO, S/o Bishundeo Mahto @ Bindeshwar Mahto, Resident of Village-Lagma, P.S.-Dumra, Distt.-Sitamarhi. Versus THE STATE OF BIHAR ----------- 03. 19.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 201 and 120B of the Indian Penal Code. Taking into consideration the fact that there is no positive evidence with regard to petitioner of having caused the death of the deceased and the only material in paragraph 19 of the case diary by witness Jainarain Singh is that petitioner along with others were seen to be carrying somebody on the shoulder, petitioner above named who is in custody since 06.01.2009 is directed to 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, Sitamarhi in connection with Dumra P.S. Case No. 303 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 date and will not delay the trial. Vikash/- (Anjana Prakash, J.)