IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4061 of 2010 SUJEET KUMAR SON OF SHIVJEE PRASAD Versus THE STATE OF BIHAR ----------- 2. 15.2.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 328, 302 and 120B of the Indian Penal Code. Taking into consideration the fact that there is no eye witness to the occurrence and the only material that has been collected during investigation is that the petitioner was also drinking along with the deceased, in course of which some one mixed some poisonous article in the liquor, due to which the deceased died but the same is not pointed to any one, let the petitioner above named, who is in custody since 22.9.2009, 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 Railway Judicial Magistrate, Katihar in Katihar Rail P.S.case No.35 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 - 2 - 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. Narendra/ ( Anjana Prakash, J. )