IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39068 of 2009 ISHWAR KUNWAR @ ISHWAR KUMAR, son of late Jagat Kunwar, resident of village Shyampur, P.S. Sugauli, district East Champaran .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 10.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302 and 201/34 of the Indian Penal Code. 3. Taking into consideration the fact that the petitioner has been named in the first information report on the basis of suspicion that he was last seen with the deceased and the motive that the deceased was having illicit relationship with the deceased and, therefore, this occurrence took place, but, there is no eye witness to the actual murder, let the petitioner, above named, who is in custody since 23.07.2009 and has no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Turkaulia (Banjaria) P.S. Case No. 6 of 2009 to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, on the conditions (i) that one of the 2 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 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 fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)