IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10765 of 2010 LAV KUSH KUMAR, SON OF RAVINDRA SHARMA Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Dinu Kumar, Advocate For the State : Mr. I.B. Pandey, A.P.P. For the Informant : Mrs. Meena Singh, Advocate ----------- 2. 13/04/2010 Heard learned Counsel for the petitioner, learned counsel for the Informant and the State. The petitioner seeks bail in a case instituted for the offence under Section of the Indian Penal Code. On 22.10.2009 the dead body of an unknown person was recovered by a Dafadar for which an U.D. Case was instituted. Two days later, the present case was instituted against the petitioner and other co-accused persons that they had accompanied with the deceased but the rest of the accused persons had come back whereas the deceased had not returned. In the First Information Report, it has been specifically stated that co-accused Mantu Sharma parked the motorcycle of the deceased near a temple but did not give the whereabouts of the deceased. It has been submitted that there is no eye witness to the occurrence and there is only circumstance of having been last seen of the deceased without any motive. In view of such, let the petitioner above named, who is in custody since 30.1.2010 and has no criminal antecedents, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the - 2 - satisfaction of Additional Chief Judicial Magistrate, Danapur, in Paliganj P.S. Case No. 225 of 2009 subject to the following 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 address of the petitioner. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is 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. S.Ali (Anjana Prakash, J.)