IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22881 of 2010 RAKESH THAKUR S/o Gopal Thakur Petitioner Versus THE STATE OF BIHAR ---------- 02 08.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302,328/34 of the Indian Penal Code. Prosecution case is that the deceased had been seen along with the petitioner and another co-accused and 17 hours later he was found in intoxicated stage. When his condition deteriorated, he was taken to hospital where he died. Post mortem report reveals that death was caused on account of poisonous liquor. Submission of learned counsel for the petitioner is that apart from having been last seen there is no material against him nor there is any motive for the occurrence. In view of such, let the petitioner who is in custody since 4.4.2010 and has no criminal antecedent, 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 Chief Judicial Magistrate, Darbhanga in Simari P.S. Case no. 65 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 (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 he will receive the police papers on the given date and be present on date fixed for charge - 2 - and if he fails 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 (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. shahid (Anjana Prakash, J)