IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7265 of 2010 KANHAIYA KUMAR @ KANHAIYA KUMAR SINGH, son of Sri Rajendra Rai Versus THE STATE OF BIHAR ----------- 2/ 10.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34, 120-B of the Indian Penal Code. It has been submitted that the occurrence took place on account of the fact that the deceased used to oppose the activities of criminals in the area and, therefore, he was shot dead by unknown criminals. The petitioner is not named in the First Information Report and subsequently, his name transpired during investigation. It has further been submitted that the petitioner is accused in only one case of the year 2003 and, therefore, he is not a criminal and had no occasion to oppose the activities of the deceased. Under the circumstances, let the petitioner, above named, who is in custody since 3.10.2009, 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 the Chief Judicial Magistrate, Begusarai, in connection with Sessions Trial No.122 of 2010 arising out of Barauni (Chakia) P.S. case no.40 of 2008, 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 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 - 2 - present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, and (iii) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is accused only in Barauni Chakia P.S. case no.338of 2003 will be verified by the Magistrate concerned before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)