IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44886 of 2009 SUSHIL PANDEY, son of Sri Shiv Bhagat Pandey Versus STATE OF BIHAR ----------- 5/ 17.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 307, 120-B/34 of the Indian Penal Code. In the First Information Report, the informant has stated that his son, the deceased, had eloped with the daughter of accused Surajdeo Pd. Singh, and on account of this reason the deceased was done to death at the instance of Surajdeo Pd. Singh. However, the assailants of the deceased were not identified by any one. Later on, during investigation, petitioner’s name transpired belatedly through certain witnesses that the petitioner had been sitting with rifle with an unknown person on a motor cycle and in all probability, it is he, who had committed the offence. It is an admitted position that apart from speculation there is nothing more cogent against the petitioner. Under the circumstances, let the petitioner, above named, who is in custody since 13.1.2009, 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 Additional Sessions Judge, III, Aurangabad, in connection with Sessions Trial No.181 of 2009 / 573 of 2009 arising out of Obra P.S. case no.128 of 2004, 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 - 2 - 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, (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, and (iv) 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. JA/- (Anjana Prakash, J.)