IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44022 of 2009 1. SAROJ RAI S/O PRABHU SINGH YADAV @ PRABHU RAI R/O VILL- BALUAR, P.S- DORIGANJ, DISTT- SARAN. Versus 1. THE STATE OF BIHAR. ----------- 02. 18.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364, 302, 392, 411 and 201 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report and subsequently his name transpired in the confessional statement of the co-accused and there is no motive of the petitioner to have committed the said act as also that petitioner is an accused in one other case of Sections 420 and 406 of the Indian Penal Code but not of similar nature, let the petitioner above named 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 Chief Judicial Magistrate, Saran at Chapra in connection with Doriganj P.S. Case No. 40 of 2009 subject to the following conditions:- (i) That one of the bailors will be - 2 - 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. Vikash/- (Anjana Prakash, J.)