IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9136 of 2010 RAJENDRA PATEL, SON OF LATE BABULAL PATEL Versus STATE OF BIHAR ----------- 2. 29/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. In the First Information Report the Informant has stated that three days after her husband left his house Md. Attaullah and Md. Ishlam came and told him that her husband had been done to death by seven named and 3 to 4 unnamed persons in which the petitioner was named. However, the Informant gave statement under Section 164 Cr. P.C. wherein even though she states that these two witnesses came and told her that her husband had been killed but no names had been disclosed by them. There is no explanation as to why these alleged witnesses who had seen the occurrence did not make any report anywhere about the matter. Under the circumstances, let the petitioner above named, who is in custody since 10.12.2009, 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 Additional District and Sessions Judge, F.T.C-IV, Bettiah, West Champaran, in Sessions Trial No. 50 of 2010 arising out of Sugauli (Bettiah) Rail P.S. Case No. 49 of 2009 subject to the following conditions: - 2 - (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. S.Ali (Anjana Prakash, J.)