IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39160 of 2009 KRISHNA MAHTO @ BABLU son of Deo Narain Mahto Versus STATE OF BIHAR ----------- 2/ 11.11.2009 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. Taking into consideration the fact that there is no eye witness to the occurrence and the petitioner has been named in the first information report as the person, who had called away the deceased on the fateful night but there is no motive assigned for the occurrence and the godown is not owned by the petitioner, let the petitioner above named, who 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 the Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Danapur P.S. case no.21 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 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. JA/- (Anjana Prakash, J.)