IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25889 of 2011 Vikram Pandey @ Brijesh Pandey, son of Shyam Sundar Pandey Versus The State Of Bihar ---------------------------------- 4. 23.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 120(B) of the Indian Penal Code. In the First Information Report instituted by the owner of the truck it is alleged that his Driver and Khalasi had accompanied the truck to Patna loaded with some goods whereafter the Driver was killed by the petitioner who was the Khalasi and his dead body disposed off. Later on, the petitioner was arrested with Arms in Chhatisgarh and allegedly he gave a confession in that case admitting his guilt and also indicated the place where he had thrown the dead body which were subsequently recovered from there. The submission of the counsel for the petitioner is that there is no confessional statement of the petitioner in the present case nor was the dead body recovered on his pointing out. There is no further material to corroborate the fact that the petitioner had sold the truck in Nepal and the entire case is based merely on a concocted story. Considering the same, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with three sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief 2 Judicial Magistrate, East Champaran at Motihari, in connection with Muffasil (Motihari) P.S. Case No. 291 of 2010, 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 second bailor shall be the father of the petitioner namely Shyam Sundar Pandey and the third bailor must be local since the petitioner belongs to Uttar Pradesh. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. (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. The credential of the local bailor will be fully verified before accepting the same. S.Ali ( Anjana Prakash, J.)