IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6155 of 2010 SHAMBHU MALIK, S/o Jagdish Malik. Versus THE STATE OF BIHAR ----------- 03. 08.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 201 and 379 of the Indian Penal Code. In the First Information Report the prosecution case is that on 07.08.2009 the deceased had left with the present petitioner at 8 A.M. in the morning and at 7 P.M. an information was given to the informant that her son had been killed and then she learnt from one Shankar Malik that the deceased had come to his house at 10 A.M. in the morning alone for borrowing money and he was given rupees five thousand and he had left. Thereafter, the dead body was recovered. During investigation certain witnesses have stated that the nine years old son of the deceased was heard saying that the petitioner had murdered the deceased but the son’s statement has not been recorded during the entire investigation. The - 2 - submission is that there is no reason why the son was not mentioned as an eye-witness in the First Information Report that had he been so. In view of such, let the petitioner above named who is in custody since 08.09.2009 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 Sub-Divisional Judicial Magistrate, Raxaul at Motihari in connection with Ramgarhwa P.S. Case No. 91 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 - 3 - 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.)