IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3119 of 2010 AJAY BAHADUR SINGH, son of Lageshwar Singh Versus STATE OF BIHAR ----------- 3/ 08.03.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/201 of the Indian Penal Code. It has been submitted that when the dead body of the father of the informant was recovered he instituted the present case alleging therein that he suspects Ramjee Pal and Laxman Pal of having committed this offence on account of land dispute. Six months’ later on 2.12.2006, he gave statement under section 164 Cr. P. C. that one hour before the occurrence the deceased had been seen in the company of the present petitioner and another person going on a motor cycle. Thereafter, the informant has given four more statements before the Investigating Officer alleging therein that the petitioner had taken loan from the deceased about three years back and he was reluctant to return and, therefore, probably committed the present occurrence. It is an admitted position that there is no eye witness to the occurrence nor is there any explanation as to why these statements were given belatedly. Under the circumstances, let the petitioner, above named, who is in custody since 7.11.2009 and has no criminal 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 - 2 - Chief Judicial Magistrate, Bhabua, in connection with Mohania P.S. case no.108 of 2004, subject to the 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 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. JA/- (Anjana Prakash, J.)