IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5145 of 2010 SURESH SINGH, son of Late Jagat Singh Versus THE STATE OF BIHAR ----------- 4/ 07.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 201, 120-B of the Indian Penal Code. The occurrence is said to have taken place in the night of 23/24.4.2007, whereas, the First Information Report has been instituted on 27.4.2007, wherein, it has been stated that the petitioner and one Dharmendra left with the deceased and thereafter on the next date dead body of Bhutta Bhuiya was discovered. There is no explanation as to why no report was made anywhere even though Shiv Dayal had seen this part of the occurrence. It has been submitted that there is no eye witness nor is there any motive for the occurrence. In view of the aforesaid, 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 Sub-Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Kothi P.S. case no.12 of 2007, 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, (ii)that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is - 2 - 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 (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. JA/- (Anjana Prakash, J.)