IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13877 of 2010 NANHKI @ NANHKI MAHTO, S/O LATE DINA MAHTO, R/O VILLAGE SINGHAUL DIH, P.S. BEGUSARAI MUFFASIL, DISTRICT BEGUSARAI …………. Petitioner Versus STATE OF BIHAR …… Opposite Party ----------- 2 30.04.2010 Heard learned counsel for the petitioner and learned counsel for the state. The petitioner is one of the named accused of the case registered under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act. The informant’s husband went with Fekan Mahto in the night of occurrence and in the next morning his dead body was found. Submission is that though the petitioner is named in the F.I.R. but there is no material to show that he had any hand in the occurrence except suspicion. That Fekan Mahto was admitted to bail by this court on 16.12.2009 vide annexure -2 passed in Cr. Misc. No. 43120 of 2009. Considering the facts and circumstances of the case the petitioner Nanhki Mahto is directed to be released on bail on furnishing of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai / concerned court in connection with Begusarai Muffasil P.S. Case No. 249 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 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. (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. Praful ( Shyam Kishore Sharma, J.)