IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23996 of 2010 SATRUDHAN PASWAN SON OF SHAMBHU PASWAN Versus THE STATE OF BIHAR ----------- 4. 16.9.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. The prosecution case is that the son of the informant was throttled to death by three accused persons on 21.9.2009 and the accused persons also took away the dead body, which was recovered subsequently on 23.9.2009, whereafter the present case was instituted. It has been submitted that in the facts of the case the delayed first information report is highly unbelievable and the postmortem examination report also does not support the case of the prosecution. In view of such, let the petitioner above named, who is in custody since 31.1.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Chief Judicial Magistrate, Hilsa, District Nalanda in Chandi (Vena) P.S.case No.237 of 2009, subject to the 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 - 2 - 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 and (v) 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. )