IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36695 of 2009 MUNNA SHARMA son of Vijay Sharma Versus THE STATE OF BIHAR ----------- 3/ 14.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 363, 365, 120, 392 and 302 of the Indian Penal Code. It has been submitted that in the First Information Report instituted on 28.6.2009, it was alleged that the informant’s husband left on 16.6.2009 along with the present petitioner on the tractor but did not return and, therefore, she suspected that the petitioner along with some others had committed his murder. However, during investigation thereafter all that transpired was that the petitioner was last seen with the deceased and there is no allegation of any demand of ransom or motive for having killed the deceased. Under the circumstances, let the petitioner, above named, who is in custody since 6.7.2009 and has no 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 Chief Judicial Magistrate, Saran at Chapra, in connection with Doriganj P.S. case no.40 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 - 2 - 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.)