IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35961 of 2009 MD. MOFEED SON OF LATE ISRAYEEL IRAQUI @ MD. ISRAYEEL Versus THE STATE OF BIHAR ----------- 3. 11/02/2010 Heard learned Counsel for the petitioner, learned counsel for the Informant and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201, 120B and 34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is named in the First Information Report on the basis of suspicion but there is no eye witness to the actual murder nor there is any motive assigned for the occurrence, let the petitioner above named, who is in custody since 1.8.2009 and has no criminal antecedents, 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 Chief Judicial Magistrate, Darbhanga, in connection with Manigachhi P.S. Case No. 185 of 2008, G.R. No. 2712 of 2008 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. (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 2 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. S.Ali (Anjana Prakash, J.)