IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14147 of 2010 SUJIT KUMAR son of Late Bhuneshwar Prasad Versus STATE OF BIHAR ----------- 2/ 05.05.2010 Heard learned counsel for the petitioner and the State. The petitioner was refused bail earlier by order dated 6.10.2009 vide Cr. Misc. No. 16469 of 2009, stating therein that it was being rejected presently. However, he renewed his prayer for bail soon thereafter and by order dated 28.1.2010 vide Cr. Misc. No.2455 of 2010, permission was accorded to withdraw the application. In view of the fact that the petitioner is in custody since 24.5.2008 and the only material against the petitioner is that on his pointing clothes and tabiz of the deceased were recovered and the motive of the occurrence was illicit relationship between the wife of the petitioner and the deceased, 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 Sri S. P. Shukla, Judicial Magistrate, Danapur, Patna, in connection with Bihta P.S. case no. 129 of 2008, 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not 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 - 2 - 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. JA/- (Anjana Prakash, J.)