IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22598 of 2010 AWADHESH SINGH SON OF UMESH SINGH Versus THE STATE OF BIHAR ----------- 2. 13.7.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201 of the Indian Penal Code. The prosecution case is that the informant’s son was called away by some unknown persons in the middle of the night and thereafter his dead body was recovered from the field. After a few days the informant filed a protest petition mentioning the petitioner as a witness and some four persons as accused. The informant appears today and states that subsequently the informant filed another petition about a month later and named the petitioner as one of the accused persons, who suspected that the deceased was having love affairs with the daughter of the petitioner which was not liked by him and, therefore, he along with others committed the murder of the deceased. However, there is no specific allegation against the petitioner and the entire case is based on circumstantial evidence. In view of such, let the petitioner above named, who is in custody since 16.4.2010, 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 Chief Judicial Magistrate, Nawada in Hisua P.S.case No.28 of 2010, subject to the conditions - 2 - (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 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, (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. )