IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21308 of 2010 Dhanaraj @ Guddu Upadhyay @ Dhananjay Upadhyay s/o Rajendra Upadhyay Versus STATE OF BIHAR ----------- 3/ 09.08.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code. The prosecution case is that grand father of the informant was shot dead by one Janardan Yadav, who came on a motor cycle driven by co-accused Chhote Lal Yadav. Subsequently, during investigation, it transpired that the informant was himself involved in the murder of his grand-father since he had defalcated his money from the bank. It also transpired that the petitioner had conspired and helped the informant in defalcation of the amount. Considering that apart from this material there is no direct material against the petitioner and he has no criminal antecedent, let the petitioner, above named, 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 Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Karakat (Kachhawa) P.S. Case No.204 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. With regard to - 2 - the identity of the petitioner and his bailors, the court below shall properly scrutinize since the petitioner has many alias names, (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 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. The fact that the petitioner has no criminal antecedent will be verified before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)