IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18130 of 2010 NANDLAL CHOUDHARY, S/o Damodar Choudhary. Versus THE STATE OF BIHAR ----------- 03. 09.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364, 365, 302, 201 and 120B/34 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report but subsequently the unknown person mentioned therein was said to be the petitioner. However, during trial the informant did not identify the petitioner. The further submission is that at best it is a case of having been last seen with the deceased. Considering the same, let the petitioner, above named 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 Additional Sessions Judge, F.T.C.-V, Samastipur in connection with S.Tr. No. 97 of 2010 arising out of Tajpur P.S. Case No. 341 of 2009 subject to the following conditions:- (i) That one of the bailors will be 2 a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the father/mother of the petitioner. The bailor will also undertake to inform the Court if there is 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 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. The fact that the petitioner has no criminal antecedent will be verified by the Magistrate concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)