IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9331 of 2010 KAMLESH PASWAN, SON OF LATE SITARAM PASWAN Versus STATE OF BIHAR ----------- 2. 17/03/2010 Heard learned Counsel for the petitioner, learned counsel for the Informant and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. When the dead body was recovered, a case against unknown person was instituted by the father of the deceased. During investigation, the petitioner was suspected to have committed this occurrence because he had land dispute with the deceased and was, therefore, arrested who confessed his guilt before the Police. In view of the fact that the petitioner is in custody since 26.10.2009 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, Gaya, in connection with Wazirganj P.S. Case No. 210 of 2009 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 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. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is - 2 - 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. (iv)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. S.Ali (Anjana Prakash, J.)