IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23008 of 2010 KASHI NATH PANDEY SON OF SRI HARI NANDAN PANDEY Versus THE STATE OF BIHAR ----------- 2. 9.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act as well as 3(2)(V) of the SC & ST Act. It has been submitted that the informant is an eye witness to the occurrence and the allegation against the accused persons is that they were suspected to have killed the deceased after having intoxicated him. Considering the same and the fact that the petitioner is in custody since 20.4.2010 and there was no motive for the occurrence nor does he have any criminal antecedents, 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 Chief Judicial Magistrate, Bhojpur, Ara in Agiaon (Garahani) P.S.case No.45 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 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 - 2 - 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. )