IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9012 of 2010 HIRDAYA NARAYAN RAI @ HIRDYA NARAIN SINGH, SON OF SRI SARJU RAI Versus STATE OF BIHAR ----------- 3. 30/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 120(B) of the Indian Penal Code. In the First Information Report it has been stated that the deceased had been called to the house of the present petitioner and thereafter when he did not return, an enquiry was made about him upon which the informant’s nephew was told that the deceased had been locked because he had committed theft. Thereafter, the dead body of the deceased was found in a hanging position. Before the First Information Report was instituted, the present petitioner had reported the case of theft to the Police Out Post as also that the deceased had been locked in the house when caught doing so. The counter version is that in fact, the deceased himself committed suicide when he was locked in and the post mortem examination report also supports this fact. In view of such and also that there is no eye witness to the occurrence, let the petitioner above named, who is in custody since 8.12.2008, 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 A.D.J. F.T.C. –V, Buxar, in Sessions - 2 - Trial No. 86 of 2009 arising out of Simri P.S. Case No. 05 of 2007 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 an 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. S.Ali (Anjana Prakash, J.)