IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39694 of 2009 AZAZUL ANSARI, son of late Md. Zan Ansari Versus STATE OF BIHAR ----------- 3/ 04.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. Taking into consideration the fact that petitioner is not named in the first information report and the entire case is based only on suspicion and the only eye witness to the occurrence, namely, Badrun Nisha, did not disclose the name of the petitioner, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, Bagha, West Champaran, in connection with Ramnagar P.S. case no.226 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 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 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.)