IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43095 of 2009 SHIV SHANKAR MANDAL s/o Late Raghunandan Mandal Versus STATE OF BIHAR ----------- 4/ 01.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201, 120-B/34 of the Indian Penal Code. In the First Information Report, the allegation against the petitioner is that he along with other co-accused persons implored the deceased to accompany them to watch orchestra and thereafter the deceased was not found alive. Therefore, a suspicion has been cast against the present petitioner and other co-accused that it is they who had committed his murder. In view of the fact that there is no eye witness to the occurrence and apart from the suspicion there is no cogent material against him, let the petitioner, above named, who is in custody since 26th August, 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 Chief Judicial Magistrate, Darbhanga, in connection with Manigachhi P.S. case no.185 of 2008, 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 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.)