IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31292 of 2011 Mantu Kumar @ Mantu Sao, son of Late Rajendra Prasad Versus The State Of Bihar ----------- 2. 22.09.2011 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. The prosecution case is that the Informant learnt from his son Subhash Paswan that his younger son Shankar Paswan and one Birendra Chaudhary were seen dead near the Railway track. The case was instituted against unknown persons. During investigation, the very same Subhash Paswan on whose information the informant instituted the First Information Report, appeared as an eye witness and stated that he had seen the petitioner and other accused persons assaulting the two persons and throwing the dead body near the Railway track. It has been contended on behalf of the petitioner that the statement of subsequent eye witness Subhash Paswan appears to be completely untrustworthy in the facts mentioned above. The Informant submits that in the background fact of enmity between the parties, the allegation appears believable. Considering the facts of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction 2 of Chief Judicial Magistrate, Gaya, in connection with Mufassil P.S. Case No. 65 of 2011 subject to the following 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. The bailor will undertake to furnish information to the court about any change in the address of 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 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 present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) 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. (v)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. S.Ali ( Anjana Prakash, J.)