IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15753 of 2010 MD.IMAMUL HAQUE @ SAJEEV @ SANJEEV, SON OF MD. ZAMIL AKHTAR Versus STATE OF BIHAR ----------- 4. 10.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. The prosecution case is that unknown miscreants committed the murder of the husband of the Informant and the Informant suspected one Sanjeev Singh, son of Sunil Singh of being involved since the said Sanjeev Singh had some relationship with the wife of Md. Mojahid and the deceased had made complaint about him. Thereafter, the Informant filed the protest petition once again reiterating that Sanjeev Singh was involved and she claimed to be an eye witness. However, during investigation, it transpired that the petitioner and others were involved in the occurrence and on account of animosity between the accused Sunil Singh and the deceased, the present occurrence was committed and the deceased was done to death by co-accused Md. Chhotu whereas the petitioner was a conspirator and had also assisted in the killing. However, considering that the petitioner is not the assailant of the deceased, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five 2 thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, in Barauni P.S. Case No. 322 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 affidavit shall clearly state that the petitioner is not an 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. S.Ali ( Anjana Prakash, J.)