IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42676 of 2009 BISHWANATH SINGH, SON OF LATE RAMANAND SINGH Versus STATE OF BIHAR ----------- 3. 08/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201, 120B and 34 of the Indian Penal Code. In the First Information Report, it has been stated that the servant Angad Singh had been dispatched with the food of the deceased the previous night but when the Informant did not find his son in the fields, the next morning he enquired from Angad Singh who told him that he was not in the fields even before he had arrived. On this, the Informant started looking for his son and his dead-body was recovered in an adjacent field who had been strangulated to death. The petitioner has been suspected to be involved in the present occurrence since he being the brother of the Informant was on litigating terms with the family of the Informant on account of land dispute. Thereafter, Angad Kumar gave a statement under Section 161 Cr. P.C. recorded in paragraph-5 of the case diary wherein he stated hat he identified the petitioner by voice on the previous night. It is not explainable as to why this fact was not disclosed at the earliest instance by the said Angad Kumar. Under the circumstances, let the petitioner above named, who is in custody since 28.10.2009 and has no criminal - 2 - antecedents, 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 Additional Chief Judicial Magistrate, Patna City, in connection with Deedarganj P.S. Case No. 83 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 an 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. S.Ali (Anjana Prakash, J.)