IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8307 of 2010 RAMAKANT MUSHAR, S/o Shyam Lal Mushar. Versus THE STATE OF BIHAR ----------- 03. 12.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364 of the Indian Penal Code and later on Sections 302 and 201/34 of the Indian Penal Code was added and the charge- sheet was submitted under Sections 396 and 412 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently when two persons were traced two and half months later for having used the mobile phone of the deceased they disclosed that they had used it once when the present petitioner had come to sell it to them. However, the mobile was not recovered from the possession of the petitioner and he does not have any criminal antecedent. In view of such, let the petitioner above named who is in custody since 01.08.2009 be - 2 - 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, Rohtas at Sasaram in connection with Dinara P.S. Case No. 144 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. (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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in 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. (iv) 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. (v) That the petitioner will be well - 3 - represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate concerned before releasing the petitioner on bail will verify the fact that the petitioner has no criminal antecedent. Vikash/- (Anjana Prakash, J.)