IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6884 of 2010 SHANKAR RAM SON OF LATE DEOKI RAM Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Shri Prakash Shrivastava, Advocate Mr. Anil Kumar, Advocate For the State : Mr. Choubey Jawahar, A.P.P. ----------- 3. 9.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 365, 302, 201 and 120B of the Indian Penal Code. The prosecution case is that the son-in-law of the informant was taken by one Raj Kumar Kushwaha on an allurement of providing a job for him, but thereafter he was not seen alive. The petitioner is not named in the first information report and his name was disclosed subsequently in the confessional statement of the co-accused. However, the submission is that the co-accused has disclosed the name of one Shankar Ram son of Kishun Ram, whereas the petitioner’s parentage is son of late Deoki Ram and the address is also different. In view of the above and also that the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 19.12.2009, 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 C.J.M., Motihari (East Champaran) in Keshariya P.S.case No.157 of 2008, subject to the - 2 - 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 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 and (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. Narendra/ ( Anjana Prakash, J. )