IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1324 of 2010 KAMLU SADA son of Late Gulten Sada Versus STATE OF BIHAR ----------- 3/ 08.03.2010 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. The First Information Report has been instituted against unknown persons for the commission of murder of the informant’s husband. Thereafter, the petitioner was named as one of the persons, who was last seen with the deceased but the statement was recorded almost two months later. Under the circumstances, let the petitioner, above named, who is in custody since 29.9.2009 and has no criminal antecedent, 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 Chief Judicial Magistrate, Araria, in connection with Araria P.S. case no.190 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.)