IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9143 of 2010 DURGA PRASAD CHOUDHARY, son of Bhaju Chaudhary Versus STATE OF BIHAR ----------- 2/ 23.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. One Balram Yadav instituted the present case that his father had been shot dead by unknown miscreants. During investigation, it transpired that the informant himself was responsible for the murder of his father. The petitioner happens to be the friend of the informant and the material against him is that certain phone calls had been made by the informant to the present petitioner and, therefore, he was also in conspiracy with the informant. In such view of the matter, let the petitioner, above named, who is in custody since 11.10.2009, 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, Fast Track III, Supaul, in connection with Sessions Trial No.26/10 arising out of Raghopur P.S. case no.64 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 accused in any other case and, if he is, he shall not be released on bail, (iii)that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any - 2 - 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,(iv)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 (v) 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. JA/- (Anjana Prakash, J.)