IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38558 of 2009 CHANDAN KUMAR SON OF UMESH RAUT Versus STATE OF BIHAR ----------- 4. 19.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302, 120B and 379 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report and subsequently his complicity arose on account of the fact that he was one of the Waiters, who had robbed the deceased after his death, but there is no role assigned to him in killing the deceased, let the petitioner above named, who is in custody since 24.1.2009 and has no criminal antecedents, 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- VII, Patna in S.T.No.1052 of 2009 arising out of Kotwali P.S.case No.421 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 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 and (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 - 2 - trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )