IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13693 of 2010 DIWAKAR CHAURASIA @ LALO CHAURASIA son of Bechu Chaurasia Versus STATE OF BIHAR ----------- 2/ 20.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. Petitioner himself was the informant of the case, wherein, he reported the murder of his nephew. During investigation, father of the deceased expressed suspicion against the petitioner as also some other co-accused were arrested who gave extra judicial confession disclosing complicity of the petitioner. However, considering that there has been considerable delay in disclosing the complicity of the petitioner, 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 to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Parbatta (Maraiya) P.S. Case No. 145 of 2005, 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 bailors 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 accused in any other case and, if he is, he shall not be released on bail, (iii)That the bailors shall also state on affidavit that they will - 2 - 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. JA/- (Anjana Prakash, J.)