IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10293 of 2010 AMITABH KUMAR SON OF SRI ASHOK SAHI Versus THE STATE OF BIHAR ----------- 2. 1.4.2010 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 of the Indian Penal Code. When the dead body of an unknown male was discovered by the Choukidar, the present case was instituted which turned out to be that of one Rakesh. When the petitioner was arrested in connection with Kanti P.S.case No.167 of 2009, he is said to have confessed his guilt and thereafter remanded in the present case as well. Subsequently some evidence was gathered suggesting that the petitioner was a friend of Chandan Kumar, who was involved in the present occurrence and had been seen talking to him. In view of the fact that there is no eye witness to the occurrence, let the petitioner above named, who is in custody since 22.10.2009, 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 Sub-Divisional Judicial Magistrate (West), Muzaffarpur in Karja P.S.case No.86 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioner is - 2 - 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, (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 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. Narendra/ ( Anjana Prakash, J. )