IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12359 of 2010 MANITYA MANNU SON OF ANUTHA SINGH Versus STATE OF BIHAR ----------- 4. 24.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364 and 120B/34 of the Indian Penal Code. The prosecution case is that the son of the informant had given some information from his Mobile that he had been administered some intoxicant and had fallen down and thereafter he became traceless. When an enquiry was made from the petitioner, he disclosed that he and the son of the informant had been offered tea by co-accused Mukesh and thereafter he and the son of the informant had left together feeling dizzy. In the first information report the entire prosecution case is in fact narrated by the petitioner which has been repeated once again when he was questioned during investigation. The submission of the Counsel for the petitioner is that under the circumstances no offence whatsoever is made out against him. In view of such, let the petitioner above named, who is in custody since 14.9.2009, 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 S.D.J.M., Sikarahana at Motihari in Madhuban P.S.case No.106 of 2009, subject to the conditions (i) That one of the bailors shall be the father of the petitioner and the - 2 - other bailor 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 bailor will undertake to furnish information to the court about 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 and (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. Narendra/ ( Anjana Prakash, J. )