IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1144 of 2010 RAM DARSHAN TIWARY SON OF LATE BRAHMESHWAR TIWARY Versus STATE OF BIHAR ----------- 2. 22.1.2010 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. Initially a first information report of Dumraon P.S.case No.117 of 2007 has been instituted for the murder of the son of the complainant on 2.7.2007 but after about a year of investigation, final report was submitted saying that no names by any-one had been disclosed about the alleged miscreants. In the mean while a protest petition was filed on 30.8.2007 after about two months of the occurrence in which the petitioner is named as one of the assailants. However, it has been submitted that the complainant/informant was admittedly not an eye witness and this information has been gathered by other eye witnesses, who surprisingly did not disclose this fact to the Investigating Officer, who was investigating Dumraon P.S.case No.117 of 2007. In view of the circumstances enumerated above, let the petitioner above named, who is in custody since 7.11.2009 and against whom there is only one other case pending, 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 Sri K.M. Tiwary, Judicial Magistrate 1st class, Buxar in Complaint case - 2 - No.108C of 2009 (Tr.No.3185 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 genealogy as to how he is related with the petitioner, (ii) 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 of bail and (iii) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is an accused in only one other case will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )