IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43241 of 2009 RAMCHANDRA RAM, S/O SUNDER RAM @ SUNAR RAM Versus STATE OF BIHAR **** /4/ 05.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302 and 201/34 of the Indian Penal Code. 3. The present first information report has been instituted when the dead body of the nephew of the informant was recovered and the petitioner was suspected as one of the persons who had done the deceased to death. During investigation, it transpired that the deceased was having affair with the wife of co-accused, Ganesh Ram, and the petitioner happens to be his friend and so, therefore, he had motive to have committed the occurrence. There is no eye witness and the entire case is based only on suspicion. Under the circumstances, let the petitioner, above named, who is in custody since 29.06.2009 and has no criminal antecedents be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Rosera P.S. Case No. 107 of 2009 to the satisfaction of the Chief Judicial Magistrate, Rosera, Samastipur, on the conditions (i) that one of the bailors 2 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 and (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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)