IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6673 of 2010 CHHOTU MIAN @ MD.CHHOTU, SON OF MD. IDO MIAN @ IDRIS Versus STATE OF BIHAR ----------- 3. 08/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 392, 302 and 34 of the Indian Penal Code. The petitioner is not named in the First Information Report and subsequently it transpired that in fact the deceased had been killed on account of business rivalry between the present petitioner and the deceased and for that reason he had got committed the present occurrence. However, there is no eye witness to the occurrence that the petitioner killed the deceased. In view of such, let the petitioner above named, who is in custody since 7.10.2009, 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 Chief Judicial Magistrate, Begusarai, in Teghra P.S. Case No. 148 of 2009 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 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 - 2 - cancellation of bail on the ground of misuse. (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. (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. In case the petitioner in any way intimidates or tampers with prosecution evidence and this fact was brought to the notice of the court, he will hold a proper enquiry into the matter and proceed in accordance with the law. S.Ali (Anjana Prakash, J.)