IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36 of 2010 RANA SINGH, son of Sri Jai Prakash Nr. Singh Versus STATE OF BIHAR ----------- 3/ 07.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302, 387, 120-B/34 of the Indian Penal Code. It has been submitted that during investigation it has transpired that one Alindra Rai had used the mobile of the present petitioner to mete out threat to the deceased on 30.4.2009, due to which a complaint had been instituted by the deceased Sanjay Shahi and thereafter the present occurrence took place on 17.6.2009. The second circumstance against the petitioner is that he was seen on motor cycle along with one Chunnu Thakur on the relevant date at the place of occurrence and when the sister of the deceased Sanjay Shahi pleaded for help the petitioner did not do anything. Since there is no direct evidence against the petitioner, let the petitioner, above named, who is in custody since 6.11.2009, 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 Sessions Judge-cum- Fast Track Court No. IV, Bettiah, West Champaran, in connection with Sessions Trial No.550 of 2009 arising out of Bettiah Town P.S. case no.166 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 bailor shall also state on - 2 - 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, and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)