IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39890 of 2009 SHAH ALAM @ LAMBUA, Son of Ali Akhtar, resident of Village- Mahodipur, Police Station- Siwan Mufassil, District-Siwan..Petitioner. Versus THE STATE OF BIHAR.............................................Opposite Party. ----------- 02. 23.11.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the First Information Report by the informant, who is an eye witness to the occurrence, nor in the statement under Section 164 Cr.P.C. recorded of Manohar Bind and Santosh Kumar Yadav but later on some witnesses have stated that the petitioner was seen in the village going on a Motor Cycle alongwith the co-accused persons, let the petitioner above named, who is in custody since 05.08.2008, 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 the learned Additional Sessions Judge-II, Siwan, in connection with Sessions Trial No. 239 of 2009 arising out of Goreakothi P.S. Case No. 32 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, and (ii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be 2 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. U.K. (Anjana Prakash,J)