IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10648 of 2010 1. NIRANJAN MANDAL s/o Mahavir Mandal & 2. Mahavir Mandal s/o Late Sautari Mandal Versus STATE OF BIHAR ----------- 2/ 12.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302, 201/34 and 120-B of the Indian Penal Code. The petitioners are named in the First Information Report on the basis of suspicion since they were members of the Panchayati which had indicted the deceased of having illicit relationship with the wife of Arun Mandal. However, there is no eye witness to the occurrence and there is merely suspicion against them. In view of such, let the petitioners, above named, 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 Chief Judicial Magistrate, Bhagalpur, in connection with Ekchari P.S. case no.14 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii)that the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail, and (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 - 2 - 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.)