IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4108 of 2010 SAGAR JAISWAL @ SONU, S/o Raj Kumar Jaiswal. Versus THE STATE OF BIHAR ----------- 02. 15.02.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 120B/34 of the Indian Penal Code. In the First Information Report it has been stated that the deceased had left with the present petitioner and thereafter despite repeated attempts no communication could be made with the deceased. At around 10.30 P.M. the informant received information that his son, the deceased was lying in the hospital in an injured condition so he went there and found his son injured. On inquiry the deceased told him that six persons had assaulted him but did not name the petitioner amongst the six. He thereafter narrated the sequence of events wherein initially one Deepak Rai, Ravi Rai and Sanjay Rai are said to have assaulted him and thereafter Manan Rai, Shivji Rai and Dablu Giri also assaulted him so he was badly injured. At - 2 - the end of the First Information Report the informant suspects the present petitioner. The informant has appeared in the case who stated that in paragraph 8 of the case diary the wife of the deceased has been examined expressing grave suspicion against the present petitioner since the petitioner had not returned the money he owed to the deceased and the circumstance suggested that he was also involved in the present occurrence. In view of no direct material against the petitioner of being in any manner involved in the occurrence, let the petitioner above named who is in custody since 31.10.2009 and has no criminal antecedent 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 Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 238 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 accused in any - 3 - other case and if he is he shall not be released on bail. (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. (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. Vikash/- (Anjana Prakash, J.)