IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14933 of 2010 SACHIN KUMAR SON OF KISHORI MAHTO Versus STATE OF BIHAR ----------- 2. 10.5.2010 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 petitioner is not named in the first information report which was instituted for the murder of the informant’s son by two named and some unknown accused persons. Thereafter the only material that has transpired against the petitioner is of having been last seen with the deceased, but there is no motive assigned to the petitioner for committing the occurrence. In view of such, let the petitioner above named, who is in custody since 8.11.2008, 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, F.T.C.III, Sitamarhi in Sessions Trial No.100 of 2009 arising out of Riga P.S.case No.161 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 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 - 2 - 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 and (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. Narendra/ ( Anjana Prakash, J. )