IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25332 of 2010 BRAJ BILASH RAI @ DOCTOR SON OF LATE MAHENDRA RAI Versus STATE OF BIHAR ----------- 2. 27.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code and ¾ of the Explosive Substance Act. The petitioner is named in the first information report as being the person, who had called the deceased and thereafter his dead body was recovered. The only material that has transpired in the investigation is that the deceased had been called by the petitioner to prepare bombs and when the same exploded he is said to have been assaulted by the petitioner and others and his dead body was thrown in the well. However, considering that there is no specific overt act alleged against the petitioner as also that he has no criminal antecedents, let the petitioner above named, who is in custody since 10.5.2010, 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 C.J.M., Samastipur in Patory P.S.case No.164 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit shall - 2 - 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. )