IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4881 of 2010 MUSTAFA @ BEHRA SON OF LATE SHAFIK BHAT Versus STATE OF BIHAR ----------- 2. 19.2.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 120B/34 of the Indian Penal Code. In the first information report the petitioner has been named on the basis of suspicion having been cast upon him since allegedly the informant had seen the petitioner in the fields where the dead body of his brother was found hanging. Thereafter one month later on 16.3.2009, certain witnesses filed affidavit that they were eye witnesses and three months later a protest petition was filed by the informant complaining against the police. In view of the fact that other co-accused persons similarly placed have been granted anticipatory bail by this Court vide Cr.Misc.No.19121 of 2009 and petitioner was also the petitioner no.4 in the said application but was arrested during the pendency of the application, let the petitioner above named, who is in custody since 5.9.2009 and there is no eye witness to the occurrence and has no criminal antecedents, 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, Purnea in Jalalgarh P.S.case No.18 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of - 2 - the petitioner who will 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 shall not be released on bail and (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. Narendra/ ( Anjana Prakash, J. )