IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7263 of 2009 MAINUDDIN MIYAN, S/o Allauddin Miyan, R/o village- Bihti, P.S. Goriakothi, District. Siwan …Petitioner Versus STATE OF BIHAR …O P ----------- 4/ 17.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. The prayer for bail of the petitioner was rejected twice earlier. However, the petitioner has remained in custody since 19.4.2007 and the relationship between the petitioner and the deceased is that of uncle and nephew and there is no direct evidence against the petitioner. It has been informed by the counsel for the informant that the trial is going on and in all probability there are only two more witnesses to be examined in the case. Under the circumstances, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, FTC III, Siwan, in connection with Goriakothi P.S. case no.21 of 2007(S.T. No.186 of 2008) subject to the 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 petitioner will be in regular attendance on the date concerned and in no way will delay the trial and in case he defaults in appearance on two consecutive dates or delays the trial in any manner, it will be open to the trial court to initiate a proceeding for cancellation of bail. JA/- (Anjana Prakash, J.)