IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 29079 of 2011 1. Rupesh Kumar, S/o Ramdeo Prasad Singh, R/o Vill. Bhawanchak, P.S. Saksohra, Distt. Patna. Versus 1. The State of Bihar ----------------- 04. 30.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. The petitioner is not named in the First Information Report which was instituted against unknown persons for the death of an unknown male. Subsequently during investigation the dead body was identified to be that of one Pramod Kumar driver of a Bolero vehicle. Thereafter some accused persons were arrested who have given statement before the police stating therein that they have consumed liquor and were driving on the Bolero and an altercation took place between Pramod Kumar the driver and rest of the persons in which he was strangulated to death and his dead body was thrown. It has been submitted that the petitioner is not an accused in any other case. In view of such, let the petitioner, above named be released on bail after verification of his antecedents on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 2 29 of 2011 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 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. (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, his bail will be liable to be cancelled for reasons of misuse. (v) 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.)