IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12169 of 2010 JAKIR MIAN son of Samsuddin Mian Versus THE STATE OF BIHAR ----------- 4/ 24.06.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under section 302,201/34 of the Indian Penal Code. Prosecution case is that the deceased had left with the petitioner but when he did not return till the next date the informant asked him the whereabouts of her son and then the petitioner is said to have disclosed that he committed his murder and had thrown his dead body in a bush from where the dead body was recovered. Submission of the counsel for the petitioner is that extra judicial confession appears to be highly unbelievable and the post mortem report reveals that the death had been caused between 1-2 weeks before and, therefore, the prosecution case that the petitioner had called away the deceased three days ago does not appear to be reliable. In view of such, let the petitioner, above named, who is in custody since 15.10.2009 and has clean antecedent, 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 the Chief Judicial Magistrate, East Champaran, in connection with Sugauli P.S. Case No. 204 of 2009, subject to the conditions (i)That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving - 2 - genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (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. JA/- (Anjana Prakash, J.)