IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5326 of 2010 SUMAN KUMAR CHAUDHARY,son of Nityanand Choudhary Versus THE STATE OF BIHAR ----------- 02/ 23-02-2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. The prosecution case is that the husband of the informant had gone to see Mela along with one Raj Kumar Choudhary, Nanhi Thakur and Dayanand Thakur. Thereafter his dead body was found next day. Subsequently petitioner’s name transpired through the statement of witnesses who stated that the petitioner was also seen in the company of the deceased before his death. The petitioner has no motive to commit the offence and at best it can be said that he was last seen with the deceased. Petitioner is not named in the FIR and he is in custody since 27-12-2009. He has no criminal antecedent. Under the circumstance, let the above named petitioner be released on bail on furnishing bail bond of Rs.5,000/-(rupees five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Parbatta (Maraiya) P.S.Case No.195/2008, subject to the conditions (a) 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, (b) 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 2 and (d) 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. AH/ ( Anjana Prakash, J. )