IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10011 of 2010 RAJESH KUMAR RAJAK, SON OF NAND LAL RAJAK Versus STATE OF BIHAR ----------- 2. 18/03/2010 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) and 34 of the Indian Penal Code. The present case is being taken out of turn hearing on account of the fact that the petitioner is B.A. Part-I Psycology Honours and taking his examination from Nalanda Open University which examination has to begin from 24.3.2010. The petitioner has been made an accused in the First Information Report on the basis of suspicion that together with other accused persons he committed the murder of the Informant’s husband since there was an earlier dispute between the deceased and one of the petitioner’s family members namely, Balkrishna Rajak. However, there is no eye witness to the occurrrence and the entire case is based merely on suspicion. In view of such, let the petitioner above named, who has no criminal antecedents, 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 Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 435 of 2000 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an affidavit - 2 - 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 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. S.Ali (Anjana Prakash, J.)