IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36677 of 2009 PRAKASH RAI, S/o Seuit Rai, R/o Singhachhapar, P.S. Bettiah Muffassil, District- West Champaran … Petitioner Versus STATE OF BIHAR …OP ----------- 2/ 26.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201,120-B of the Indian Penal Code. Taking into consideration the fact that the petitioner is neither named in the FIR nor in the protest petition filed after four months and the only material that has transpired against the petitioner is that the petitioner also used to roam around with the deceased sometimes but there is no direct evidence against the petitioner, 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 to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Muffasil (Manuapul) P.S. case no. 27 of 2009, 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, (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 cancellation of bail on the ground of misuse, and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date - 2 - 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. JA/- (Anjana Prakash, J.)