IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No. 9299 of 2010 PIKU ERAQUIE, SON OF SAYEED ERAQUI Versus STATE OF BIHAR ----------- 2. 28/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. The prosecution case is that the Informant’s sister was found murdered by unknown miscreants near the cycle shop of Hashim. During investigation, it transpired that the character of the deceased was not good due to which Shoib Ansari, his brother Shakil Mukhiya and Mumtaz Alam had got this occurrence committed. Six months later, the mother of the deceased and yet one year later the sister of the deceased gave a statement recorded under Section 164 Cr. P.C. wherein they expressed suspicion against the present petitioner as well. It has been submitted that there is no eye witness to the occurrence and the entire case is based on speculation. In view of the above and also that the petitioner has no criminal antecedents, 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 Additional Sessions Judge, F.T.C. III, Nawada, in Sessions Trial No. 369 of 2009/70 of 2009 arising out of Pakribarawan P.S. Case No. 63 of 2006 subject to the following conditions: (i)That one of the bailors will be a close relative of the - 2 - petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in address of 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. (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. S.Ali (Anjana Prakash, J.)