IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31208 of 2011 Radha Mohan Rai, son of Khenari Rai Versus The State Of Bihar ----------- 2. 22.09.2011 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 and 34 of the Indian Penal Code. The prosecution case is that the deceased and his two companions had gone to pick sugarcane from the field in which course the deceased was caught hold by three persons and throttled to death. The petitioner who was the owner of the sugarcane field was caught while fleeing away from the place of occurrence. It has been submitted that there is no specific overt act alleged against the petitioner and in the facts of the case it does not appear to be a case of common intention to commit murder and it seems the deceased was throttled to thwart his attempt to commit theft of sugarcane. Considering that the petitioner has fair antecedent, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sub Divisional 2 Judicial Magistrate, Raxaul at Motihari, in connection with Chhauradano (Mahuwa) P.S. Case No. 82 of 2010 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. The bailor will undertake to furnish information to the 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. (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. S.Ali ( Anjana Prakash, J.)