IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46265 of 2009 1. KAPLESHWAR DAS @ KAPILESHWAR DAS son of Sri Ram Narayan Das & 2. Jitan Das son of Sri Ram Narayan Das Versus STATE OF BIHAR ----------- 2/ 11.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. Taking into consideration the fact that the petitioners are amongst the thirteen accused of having variously assaulted the deceased, who was suspected to be a thief, but there is no overt act against them, let the petitioners, above named, who are in custody since 3.10.2009 and have no antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Rudrapur P.S. case no.33 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail, (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)