IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4019 of 2010 MITHILESH RAI, S/o Ram Prit Rai. Versus THE STATE OF BIHAR ----------- 03. 09.03.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Section 364A/34 of the Indian Penal Code. It has been submitted that the petitioner is not named in the written statement given by the informant about the disappearance of his nephew. Thereafter, during investigation it transpired that the motor-cycle of the victim was seen at the darwaza of the petitioner and the son of the petitioner was also seen riding the same. Thereafter the statement of co-accused was recorded who stated that the son of the petitioner was involved in the occurrence and therefore petitioner was in the know of the occurrence but did not allege the petitioner’s overt complicity. In the statement recorded under Section 164 Cr.P.C. also there is no direct material against the petitioner. Co-accused, Pappu Yadav and Renu Devi when arrested confessed the guilt that in fact Dhananjay Kumar had been killed on account of property dispute. Under the cirucumstances, let the petitioner above named who is in - 2 - custody since 27.08.2009 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 Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 166 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.) - 3 -