IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44736 of 2009 SHIV DAS RAI, SON OF LATE RAM BABU RAI Versus STATE OF BIHAR ----------- 02. 18.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. Taking into consideration the fact that petitioner is not named in the First Information Report wherein the wife of the deceased has stated that her husband was killed by her son because he wanted to take his service on compassionate ground and thereafter when the son was arrested he has given confessional statement under Section 164 Cr. P.C. before the police but there is no eye witness to the actual occurrence, let the petitioner above named who is in custody since 16.01.2009, 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 A.D.J., XIII, Patna in connection with Fatuha P.S. Case No. 10 of 2009 S. Tr. No. 786/09 subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who gill 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 2 shall not be released on bail (iii) The petitioner is directed to 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. Shageer (Anjana Prakash, J)