IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36742 of 2009 1. SANJAY SAW @ SANJAY KUMAR SAH SON OF LATE OM PRAKASH SAH, R/O MOHALLA SHASTRI NAGAR, P.S. KASIM BAZAR, DISTT. MUNGER. 2. JANARDAN YADAV 3. RAJESH YADAV BOTH SONS OF ANANDI YADAV RESIDENT OF MOHALLA – LAL DARBAZA, P.S. KOTWALI, DISTT. – MUNGER. ----PETITIONERS. Versus THE STATE OF BIHAR ----------- 2. 29/10/2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 328 and 307/34 of the Indian Penal Code. Subsequently, Section 302/34 of the I.P.C. was added. Taking into consideration the fact that there is material to suggest that the deceased was habituated to consuming liquor and the probability of him having consumed poisonous liquor from some other source could not be ruled out as also the fact that later on the informant also resiled from her First Information Report, let the petitioners above named, who are in custody since 24.7.2009 and have no antecedent, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger, in connection with Munger Kotwali P.S. Case No. 51 of 2006 subject to the following conditions: (i) That one of the bailors will be a close 2 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 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 delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. S. Ali (Anjana Prakash, J.)