IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40382 of 2009 BADRI SINGH son of late Janaki Singh Versus THE STATE OF BIHAR ----------- 2/ 25.11.2009 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201 and 120-B of the Indian Penal Code. Taking into consideration the fact that initially a UD case was instituted about the occurrence and later on the first information report was instituted stating therein that it was the petitioner and another co-accused, who had asked the deceased to go with him for fishing, but there is no direct evidence about murder, let the petitioner above named, who is in custody since 7.6.2009, 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 the Additional Sessions Judge-cum- Fast Track Court No. I, Aurangabad, in connection with Nabinagar P.S. case no.55 of 2009 ( S. Tr. No.163 of 2009), subject to the 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, and (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. JA/- (Anjana Prakash, J.)