IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12668 of 2010 1. RAM SAKAL RAI son of Late Gopal Rai & 2. Yogendra Rai son of Ram Sakal Rai Versus STATE OF BIHAR ----------- 2/ 27.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. The prosecution case is that the deceased in drunken stage abused the accused persons on account of which he was assaulted by the co-accused Harendra Rai, who brought him to the hospital where he unfortunately, lost his life. Submission is that in the facts of the case no offence under sections 302/34 of the Indian Penal Code is made out. In view of such, let the petitioners, above named, who are in custody since 8.2.10, 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, Saran at Chapra, in connection with Morhowra P.S. case no. 1 of 2010, 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) 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.)