IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2076 of 2010 UPENDRA PRASAD, S/o Late Ram Babu Rai. Versus THE STATE OF BIHAR ----------- 03. 16.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364, 302 and 201/34 of the Indian Penal Code. In the First Information Report the driver of the truck has stated that some of the accused persons had kidnapped his Khalasi, Lal Mohan Rai whose dead body was later on recovered. About the present petitioner all that has been mentioned in the First Information Report is that he also took tea at a hotel where the informant took tea. Since the petitioner was in company of the other co-accused persons he is also suspected to be involved in the present occurrence but there is no cogent material to support him with the present case. In view of such, let the petitioner above named who is in custody since 11.07.2009 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 Additional Chief Judicial Magistrate, Barh, Patna in connection with - 2 - Bakhtiarpur P.S. Case No. 139 of 2009 subject to the following 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 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 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. Vikash/- (Anjana Prakash, J.)