IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3301 of 2010 NIKESH TIWARY, S/o Bijendra Tiwary. Versus THE STATE OF BIHAR ----------- 02. 09.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code. It is being submitted that in the First Information Report it has been stated that the informant heard that co-accused Chandra Shekhar Singh @ Munna Singh and Ajit Singh along with 5 to 6 other persons were assaulting the deceased. Thereafter petitioner’s name was dragged by saying that he was one of them who brought the dead body to the door of the informant and left it there after abusing her. The case diary was called for which reveals that there are only five injuries sustained by the deceased whereas four were on non vital part and one was on vital part i.e. on the forehead which is not specifically attributed to the present petitioner. Taking into consideration the aforementioned facts, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the - 2 - satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Panapur P.S. Case No. 112 of 2008 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving 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. (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. (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. Vikash/- (Anjana Prakash, J.)