IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45365 of 2009 RAM BAHADUR SINGH @ RAM BAHADUR KUSHWAHA, SON OF RAJARAM SINGH Versus STATE OF BIHAR ----------- 3. 23/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section s 302 and 34 of the Indian Penal Code. The petitioner is not named in the First Information Report which was instituted against two unknown persons and, thereafter, one co-accused has taken the name of the present petitioner but not implicating him in causing the death of the deceased. It has been submitted that the petitioner was an accused in one case of dacoity but final report has been submitted in the case. In view of such, let the petitioner above named, who is in custody since 19.9.2009, 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 Chief Judicial Magistrate, Gopalganj, in Vijaypur P.S. Case No. 70 of 2008 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. (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 - 2 - 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. The fact that the petitioner was an accused in only one other case, will be verified by the Magistrate before releasing the petitioner on bail. S.Ali (Anjana Prakash, J.)