IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31476 of 2009 RAM KUMAR SHAH, Son of Saryug Shah, resident of Village- Alola, P.S.- Ghaghardiha, District- Madhubani.......Petitioner. Versus THE STATE OF BIHAR...................................Opposite Party. ----------- 03. 23.11.2009. 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. It is being submitted that the petitioner is not named in the First Information Report even though the entire narration of the First Information Report is based on the eye witness, Harendra Singh. Later on, the said Harendra Singh was examined in paragraph no.20 wherein he discloses the name of the petitioner with full particulars and he also narrates an occurrence of the previous day showing that he was well known to the petitioner. The submission is that if Harendra Singh, the sole eye witness, had identified the petitioner in the occurrence there was no reason why his name was not disclosed in the First Information Report itself. Taking into consideration the aforesaid submissions, let the petitioner above named, who is in jail custody since 16.06.2009 and has no criminal antecedents, 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 the Ist Additional Sessions Judge, Madhubani in connection with 2 Sessions Trial No. 328 of 2002, subject to the conditions(a) 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 ,(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, his bail will be liable to be cancelled for reasons of misuse. U.K. (Anjana Prakash,J)