IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35074 of 2009 MD.AKHTAR SON OF MD. ATABUL Versus STATE OF BIHAR ----------- 3/ 23-11-2009 Heard both the parties. The petitioner seeks bail in a case institution under sections 364, 302, 201/34 of the Penal Code . Taking into consideration the fact that There is no eye witness to the occurrence and the motive for killing is assigned to co-accused Md.Akbar and not the petitioner and the petitioner’s name transpired in the confessional statement of Md. Akbar, let the above named petitioner who is in custody since 29.06.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S.Case No. 30 of 2009 on 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 bailor shall also state on affidavit - 2 - 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, (iv) 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. ( Anjana Prakash, J ) BTiwary/