IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36270 of 2009 SANTOSH KUMAR, Son of Ram Khelawan Mahto, Resident of Village-Gobindpur, P.S.-Sarmera, District-Nalanda. Versus THE STATE OF BIHAR ----------- 02. 28.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364, 302 and 201/34 of the Indian Penal Code. Taking into consideration the fact that initially only a report of missing of the so-called deceased was reported by the complainant and three months later the complaint was instituted alleging therein that the petitioner and others have been seen in the lane where the deceased pumping set was located and there is no eye-witness, let the petitioner above named who is in custody since 15.06.2009 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 Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Sarmera P.S. Case No. 55 of 2009 subject to the - 2 - 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. (ii) 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. Vikash/- (Anjana Prakash, J.)