IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4794 of 2010 RATAN SAHANI, son of Sri Vakil Sahni Versus STATE OF BIHAR ----------- 2/ 18.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201/34 of the Indian Penal Code. In the First Information Report, it has been stated that accused Rajesh Sahani and Mukesh Sahani were caught while committing theft in the house of the informant but had run away a few days before the occurrence. They then had threatened the informant and her husband of dire consequences. On 12.3.2009, when the informant discovered the dead body of her husband she suspected that Rajesh Sahani and Mukesh Sahani with the aid of present petitioner and others had, in fact, committed the murder. However, there is no eye witness to the occurrence. Under the circumstances, let the petitioner, above named, who is in custody since 22.9.2009 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 Additional Sessions Judge, IVth, Muzaffarpur, in connection with Sessions Trial No.868 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, - 2 - 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. JA/- (Anjana Prakash, J.)