IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12242 of 2010 LAKHINDRA THAKUR SON OF LATE KAPILDEO THAKUR Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr. Neeraj Kumar @ Sanidh, Advocate For the State : Mrs. Pushpa Sinha No.2, A.P.P. ----------- 2. 21.4.2010 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 prosecution case is that the son of the informant after closing the shop left with the present petitioner and thereafter was found dead in a Well. During investigation it transpired that the accused persons and the deceased had consumed liquor and altercated with each other and thereafter the deceased was pushed into the Well. However, there is no eye witness to the occurrence and the submission is that it is only on the basis of suspicion that the petitioner has been implicated. In view of such, let the petitioner above named, who is in custody since 20.10.2009, 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 Addl. Sessions Judge, F.T.C.I, Muzaffarpur in Sessions Trial No.104 of 2010 arising out of Sadar P.S.case No.236 of 2009, 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. The bailor will undertake to furnish information to the - 2 - court about 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 and (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. Narendra/ ( Anjana Prakash, J. )