IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.572 of 2010 NAKAR SINGH @ RATNAKAR SINGH, S/O AJAY SINGH Versus THE STATE OF BIHAR **** /2/ 19.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Section 302 and other allied sections of the Indian Penal Code. 3. It has been submitted in the first information report there is a general allegation of three persons, including the present petitioner, having assaulted the deceased with chhura and, thereafter, one Jagdamba Singh is said to have fired upon the deceased, which did not hit and then the rest of the accused persons assaulted the deceased with lathi and did him to death. Further, submission is that in fact the deceased was a veteran criminal and convicted in a case of murder of the son of Lalvarti Singh. Also after investigation, the police submitted charge sheet only against two persons and one of whom was the petitioner, thus, finding the prosecution case false to a large extent. Taking into consideration the aforementioned facts as also the petitioner has remained in custody since 18.08.2009 and has no criminal antecedent, let the petitioner, above named, be 2 released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Chainpur P.S. Case No. 88 of 2008 to the satisfaction of the Chief Judicial Magistrate, Bhabhua, on 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J)