IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2144 of 2010 SHIV BALLABH @ SHEO BALLAB PRASAD, s/o Late Rup Narayan Mahto Versus STATE OF BIHAR ----------- 2/ 02.02.2010 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. Taking into consideration the fact that there is no eye witness to the occurrence and there is only suspicion against the petitioner on account of the fact that he happens to be the uncle of Vijay Ballabh, where the deceased used to stay, let the petitioner, above named, who has no antecedent and is in custody since 14.9.2009, 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 the Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Bikram P.S. case no.160 of 2009, 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 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, 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.)