IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2060 of 2010 BITTHAL RAM @ MUKESH RAM ALIAS MUKESH RAM S/O SHRI UMESH RAM Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Mr. S.D. Sanjay, Advocate For the State : Mr. Anuj Kumar Shrivastava, A.P.P. --------- 3. 6.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. The present case was instituted when the dead body of an unknown male was found on the banks of the river and when investigation ensued it was found to be the dead body of one Lavkush Kumar and then Santosh Choudhary and Ramashish were picked up, who disclosed that the petitioner was also involved in the present case. However, there is no eye witness to the occurrence nor any motive for the occurrence has been assigned to the petitioner. In view of such, let the petitioner above named, who is in custody since 2.1.2009, 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 Additional Sessions Judge XII, Patna in Sessions Trial No.912 of 2009 arising out of Bhagwanganj P.S.case No.10 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. The bailor will undertake to furnish information to the - 2 - court about any change in the address of the petitioner, (ii) 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, (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. It has been stated that the petitioner is an accused in only one other case besides the present one, which fact will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )