IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45544 of 2009 KAMRUDDIN @ KAMRA @ GHOGHRA MIAN, SON OF LATE YAKUB Versus STATE OF BIHAR ----------- 3. 05/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364. 302 and 120B of the Indian Penal Code. The Informant has named four accused persons as having committed the death of the two deceased after kidnapping them for reasons of extortion. The petitioner is not named in the First Information Report. Two months later, one witness stated that the petitioner was seen in the company of the other co- accused persons on the previous day of discovery of the dead body. There is no further material against the petitioner. 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, Araria, in Bhargama P.S. Case No. 94 of 2005 (S.G.R. No. 1163 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. (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 - 2 - 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. (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. S.Ali (Anjana Prakash, J.)