IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6493 of 2010 MANGAL SAH @ MOGAL SAH, SON OF LATE JAGAN SAH @ JAGU SAH Versus STATE OF BIHAR ----------- 3. 08/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 120B/34 of the Indian Penal Code. In the First Information Report the petitioner has been suspected to have committed the murder of the seven years old child of the Informant because petitioner along with Ram Pukar Mahto and other co-accused persons was seen loitering near the house of the Informant in a suspicious condition and also the said Ram Pukar Mahto was learning the art of witch craft. However, there is no eye witness to the occurrence nor does the petitioner have any criminal antecedents. In view of such, let the petitioner above named, who is in custody since17.8.2009, 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 Chief Judicial Magistrate, East Champaran at Motihari in Turkaulia P.S. Case No. 197 of 2009 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 - 2 - 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 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. S.Ali (Anjana Prakash, J.)