IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20091 of 2010 DINESH KUMAR SON OF SHIV KUMAR PRASAD Versus STATE OF BIHAR ----------- 3. 6.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34, 120B of the Indian Penal Code and 27 of the Arms Act. The case of the prosecution is that the husband of the informant was killed by some unknown persons, in which some persons were suspected to be involved. Subsequently it transpired that the informant was having an illicit relationship with one Vimal Tripathy and he had contracted the present petitioner to kill the husband of the informant through one Vivek, but he had failed to do so and was sent behind the bars after he was caught in the house of the informant. Subsequently the said Vimal Tripathy engaged Shibu and Mantu to execute the work and thereafter the husband of the informant was done to death. Considering that there is no allegation that the petitioner caused the death of the deceased and apart from the earlier case of theft instituted by the deceased the petitioner has no criminal antecedents, let the petitioner above named, who is in custody since 18.10.2009, 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 Chief Judicial Magistrate, Patna in Phulwari Sharif P.S.case No.417 of 2009, subject to the - 2 - conditions (i) That one of the bailors shall be the mother of the petitioner and the other bailor will be a close relative of the 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 the address of 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, (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 and (iv) 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 besides the present case will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )