IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25561 of 2010 BIRU SINGH @ BIRENDRA KUMAR, S/o Yadu Nandan Sharma. Versus THE STATE OF BIHAR ----------- 02. 29.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201 of the Indian Penal Code. From the narrative of the First Information Report it appears that there is an allegation that the petitioner first poured kerosene oil on the deceased and lit a matchstick and then threw a cotton blanket on her to extinguish the fire. The submission is that in fact the petitioner is mentally unstable and despite having been referred to the mental hospital is not being treated. The further submission is that the petitioner’s father undertakes that he will ensure that the petitioner will not indulge in any anti social activities. In case, the situation is out of control he shall file a petition before the relevant authorities for confinement of the petitioner so that he does not harm any one. In view of such, 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 2 to the satisfaction of Additional Sessions Judge-II, Nawada in connection with S.Tr. No. 28 of 2010 arising out of Warisaliganj P.S. Case No. 62 of 2005 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 and the other bailor shall be the father of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (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 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. (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. Vikash/- (Anjana Prakash, J.)