IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46235 of 2009 1. NARESH RAI SON OF BHAGIRAN RAI 2. BHAGIRAN RAI SON OF BHUTAN RAI Versus STATE OF BIHAR ----------- 2. 11.1.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. Taking into consideration the fact that the occurrence had taken place on 2.8.2008 whereas the complaint has been filed more than one month later on 12.9.2008 and the complainant herself is not an eye witness and before present complaint nobody gave any information about the death of the deceased, let the petitioners, above named, who are in custody since 7.4.2009 and 4.6.2009 respectively, 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 Chief Judicial Magistrate, Vaishali at Hajipur in Vaishali P.S.case No.242 of 2008 arising out of Complaint case No.2793 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit 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 and (iii) that the petitioners will give an undertaking that they will receive the police papers on the - 2 - 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. Narendra/ ( Anjana Prakash, J. )