IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38826 of 2009 NANDU MANJHI, son of Ramnath Manjhi, resident of village Kathua, Sarangpur, P.S. Darauda, district Siwan .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 07.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302 and 201/34 of the Indian Penal Code. 3. Taking into consideration the fact that that the petitioner is named in the first information report only on the basis of suspicion on account of recovery of the deceased’s dead body, but, the post mortem examination report does not conclusively say as to what was the cause of death nor any external injury was found on the person of the deceased and at best the only material is transpired that the petitioner was last seen with the deceased and there was no motive to commit the murder, let the petitioner, above named, who is in custody since 26.08.2009, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with S. Tr. No. 195 of 2004 (Darauda P.S. Case No. 139 of 2008) to the 2 satisfaction of the Fast Track Court, I, Siwan, on 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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)