IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7276 of 2010 MATHURA LOHAR SON OF LATE SITA RAM LOHAR Versus STATE OF BIHAR ----------- 2. 5.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147 and 365 of the Indian Penal Code. From the documents annexed in the present petition, it appears that Arun Vishwakarma died on 19.5.2008 on account of heart attack, for which a death certificate was issued. Thereafter on 28.6.2008 the present complaint was instituted against the petitioner and other co-accused stating therein that they had called the said Arun Vishwakarma for the purposes of killing him. Since there are documents to suggest that it is not a case of kidnapping nor the death has occurred in pursuance to the kidnapping and the deceased died on account of probably heart attack, let the petitioner above named, who is in custody since 12.1.2010, 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 Shri Sandeep Kumar, Judicial Magistrate, 1st Class, Sheikhpura (Munger) in Complaint case No.181(c) of 2008, 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 and (iii) that the petitioner will - 2 - 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. )