IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10911 of 2010 MOKHTAR SAH, Son of Shankar Sah, R/o village Siswa, P.S. G.B.Nagar, District Siwan …………. Petitioner Versus STATE OF BIHAR …….. Opposite Party ----------- For the petitioner : Mr. Ajay Kr. Pandey, Advocate For the State : Mr.Anuj Kr. Srivastava, A.P.P. ---- 2 08.04.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that from the first information report it would be manifest that the occurrence is of 18.1.2009 and the first information report has lodged after 4 months i.e. on 18.5.2009. As per allegation, the petitioner has assaulted the deceased using bricks and the wife of the petitioner was helping. However, it is stated that earlier the victim was not treated for some days and after two days he was sent for treatment, thereafter his mental condition deteriorated and he fled away from the hospital on 12.5.2009 and was found dead 2 on 18.5.2009. It is submitted that the whole statement in the first information report itself goes to create serious doubt about the death of the victim in a manner described therein as he has admittedly died after 4 months after the date of occurrence and no first information report was lodged for the occurrence for about 4 months. In the facts and the circumstances of the case, the petitioner, MOKHTAR SAH, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Fast Track Court No. II, Siwan, in connection with S.Tr. No. 336 of 2009 arising out of Pachrukhi (G.B. Nagar) P.S. Case No. 56 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further, the petitioner shall remain present on each and every date during the course of trial. If 3 the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.)