IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25348 of 2010 RAJIV KUMAR @ DEVA SON OF RAJENDRA SINGH Versus STATE OF BIHAR ----------- 2. 27.7.2010 Learned Counsel for the petitioner is permitted to make correction in the prayer portion of the petitioner. Let him do so in course of the day. 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. It has been submitted that in the first information report four persons have specifically been named by the informant that it was they, who had taken away his son, who was later shot dead. Subsequently the petitioner’s name was disclosed in the confessional statement of the co-accused Nilesh Singh suspecting him also to be involved in the present occurrence. Co-accused named in the F.I.R. have also disclosed the complicity of the petitioner in their confessional statement. However, considering that there is no eye witness to the occurrence and the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 23.1.2010, 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 Addl. Sessions Judge II, Begusarai in Sessions Trial No.704 of 2010 arising out of Phulwaria P.S.case No.60 of 2009, subject to the conditions (i) That one of the bailors will be a close - 2 - 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 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 (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. )