IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25345 of 2010 SHIV KUMAR PRASAD SON OF LATE SUKHDEO MAHTO @ SURTHU MAHTO Versus STATE OF BIHAR ----------- 2. 27.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120B of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioner is named in the first information report along with several other co-accused persons, who were suspected to have committed the murder of the informant’s father. During investigation much later the nephew of the deceased appeared by way of an eye witness and stated that the son of the petitioner had shot dead the deceased while the petitioner had caught him. The further submission is that there is no reason why this fact was not disclosed earlier by the nephew of the deceased. In view of such, let the petitioner above named, who is in custody since 2.6.2010, 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, Biharsharif, Nalanda in Noorsarai P.S.case No.79 of 2010, 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 - 2 - information to the court about any change in the address of the petitioner, (ii) 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 and (iii) 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. It has been submitted that the petitioner is not an accused in any other case except those, which have been filed by the informant and his family, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )