IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8816 of 2010 HRIDYANAND CHOUDHARY, S/o Late Shyam Bihari Choudhary. Versus THE STATE OF BIHAR ----------- 02. 15.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. On 08.12.2008 the deceased went missing but his dead body was recovered on 14.12.2008 which was disposed off by the present petitioner and other co-villagers. The informant suspected the petitioner’s foul play because in his opinion the cremation was done in great hurry. Considering the fact that there is no eye- witness and the entire case is base on suspicion nor is there any motive for commission of murder, let the petitioner above named who is in custody since 04.01.2009 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 - 2 - Magistrate, Bhojpur at Ara in connection with Dhangai P.S. Case No. 77 of 2008 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 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.)