IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4035 of 2010 MD.REYAZ @ REYAZUDDIN, SON OF BIKKU Versus STATE OF BIHAR ----------- 2. 16/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364 and 120B of the Indian Penal Code. It has been submitted that the reason for the occurrence as cited in the First Information Report is that previously the alleged victim was a witness in the murder case of Shiva Yadav and Pankaj Yadav and he had been kidnapped by the accused of those cases and had been threatened also by co-accused Alimuddin and Mala Kastur. It has further been submitted that the petitioner has no concern with the earlier case mentioned in the First Information Report since he was not an accused in the said case, and, therefore, has no motive to have committed the present occurrence. Pointing out the bail order of co-accused Jallo @ Jalal and others, the counsel for the petitioner has submitted that the deceased was an accused in a case of murder and it is possible that he may have been taken away by other persons who had a grouse with him. Taking into consideration the above mentioned facts as also that the petitioner has no criminal antecedents, 2 that let the petitioner above named, who is in custody since 26.9.2009, 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 F.T.C. No. VI at Purnea, in connection with Sessions Trial No. 926 of 2009 arising out of Kasba P.S. Case No. 190 of 2001 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 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.)