IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2219 of 2010 SAMIR KUMAR, S/O RAJ NARAYAN SINGH Versus STATE OF BIHAR **** /2/ 04.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 364A, 302 and 120B of the Indian Penal Code. 3. The petitioner was named in the first information report since he was tutor of the victim and used to always tell him to join the Navy and when the victim disappeared the informant suspected the hand of the present petitioner since he was also found missing from his house. Thereafter, during investigation, the informant gave statement under Section 164 of the Criminal Procedure Code stating therein that he had named the petitioner and the co-accused Hemant Kumar, on the basis of suspicion even though there was no material against them and during investigation it was found out that other persons were involved in the kidnapping and murder of his nephew. At the end of investigation the police submitted final report against the present petitioner and charge sheeted rest of the accused persons against whom material was found, during investigation. 4. In view of the materials, mentioned above, let the petitioner, above named, who is in custody since 11.08.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Muzaffarpur (Sadar) P.S. Case No. 166 of 2009 to the satisfaction of the Chief 2 Judicial Magistrate, Muzaffarpur, on 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 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 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 and (iv) 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)