IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14186 of 2010 KAILU SINGH @ KAMLESH SINGH SON OF SRI UMA SHANKAR SINGH Versus STATE OF BIHAR ----------- 4. 31.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364A/34 of the Indian Penal Code. It has been submitted that the petitioner is not named in the first information report and 3 days later the informant’s brother merely cast a suspicion against the petitioner and others that he had heard that the petitioner was also involved in the occurrence, but there is no further material in the entire case diary including the confessional statements of the co-accused or the victim himself. It has further been submitted that the petitioner is an accused only in one other case besides the present one. Considering the same, let the petitioner above named, who is in custody since 28.8.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with three sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge-4, Nalanda at Biharsharif in S.T.No.580 of 2009 arising out of Silao (Rajgir) P.S.case No.373 of 2004, subject to the conditions (i) That one of the bailors shall be local since the petitioner belongs to Nawada district and the second bailor shall be the father of the petitioner and the third bailor will be a close relative of the - 2 - 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 and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that there is only one other case pending against the petitioner besides the present one will be verified by the Magistrate concerned before releasing the petitioner on bail by calling for a report from the Superintendent of Police, Nalanda at Biharsharif as well as the Superintendent of Police, Nawada since the petitioner belongs to Nawada district. Narendra/ ( Anjana Prakash, J. )