IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43014 of 2009 JAWAHAR CHOUDHARY SON OF BIRENDRA CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 14.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report and subsequently the only material that has transpired against the petitioner is that he was also seen at the place where the deceased was present and there was a dispute between the petitioner and other accused and the father-in-law of the deceased and, therefore, speculation that they were involved in the occurrence, let the petitioner above named, who is in custody since 22.8.2009 and 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, Rohtas at Sasaram in Nokha P.S.case No.25 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 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 - 2 - on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. .. Narendra/ ( Anjana Prakash, J. )