IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20520 of 2010 SANJAY KUMAR SON OF LATE SHEO NARAIN PODDAR Versus THE STATE OF BIHAR ----------- 3. 2.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 379/34 of the Indian Penal Code. The prosecution case has been instituted by the son of the deceased about the murder of his father by unknown miscreants, whose dead body was recovered near R.P.S. School. During investigation it transpired that the petitioner was seen on a Maruti van at the Railway Station along with the co-accused Rajesh and an elderly person suspected to be the deceased. However, there is no material to positively connect that the elderly person sitting with the petitioner in the Maruti van, which was suspected to have been used for committing robbery and murder of the deceased, was in fact the deceased. In view of such, let the petitioner above named, who is in custody since 28.10.2009, 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 A.C.J.M., Patna City, District Patna in Agamkuan P.S.case No.207 of 2009, subject to the conditions (i) That one of the bailors shall be the Bhabhi (sister-in- law) of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how - 2 - 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. )