IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42986 of 2009 MANISH KUMAR SHANKAR SON OF SHRI RAMDEO SAO Versus STATE OF BIHAR ----------- 2. 14.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the petitioner is named in the first information report on the basis of suspicion since according to the informant earlier also the petitioner had attempted to kill the deceased but no information was given by the police about the same. It has further been submitted that there is no eye witness to the occurrence and the petitioner has been made an accused only on the basis of speculation that the petitioner was jealous on account of coaching rivalry. Under the circumstances, let the petitioner above named, who is in custody since 20.8.2009 and has no criminal antecedents, 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 Chief Judicial Magistrate, Lakhisarai in Lakhisarai (Kabiya) P.s.case No.390 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 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 - 2 - he shall not be released on bail 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. Narendra/ ( Anjana Prakash, J. )