IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9720 of 2010 NAGESHWAR PANDIT SON OF LATE BISHESHWAR PANDIT Versus THE STATE OF BIHAR ----------- 2. 18.3.2010 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 the petitioner is named in the first information report by his own brother as an accused for the murder of his niece only on suspicion and there is no eye witness to the occurrence, let the petitioner above named, who is in custody since 3.9.2009 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 Addl. Sessions Judge, F.T.C.2nd, Banka in S.T.No.1148 of 2009 arising out of Banka (Barahat) P.S.case No.457 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 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 - 2 - the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )