IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46128 of 2009 1. ARJUN MAHTO @ DUMAN MAHTO 2. RAJDEO MAHTO BOTH SONS OF LATE KAILASH MAHTO, R/O VILLAGE TEGHRA, P.S. MANJHI, SARAN AT CHAPRA .. Petitioners Versus STATE OF BIHAR .. Opposite Party **** /2/ 11.01.2010 Heard the counsel for the petitioners, the State and the counsel for the informant. 2. The petitioners seek bail in a case instituted under Sections 302, 324 and other allies sections of the Indian Penal Code. 3. Taking into consideration the fact that the petitioners are said to have merely assaulted the informant whereas the allegation of assault on the deceased is upon co- accused, Birmanyu Mahto, Purnendu Mahto, Sushila Devi, Jalan Mahto, Mantu Mahto and Mantu Mahto, let the petitioners above named who are in custody since 08.09.2009 and have no criminal antecedent be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Manji P.S. Case No. 69 of 2009 to the satisfaction of the 2 Chief Judicial Magistrate, Saran at Chapra, on the conditions (i) that one of the bailors will be a close relative of each 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 petitioner(s) is/are not an accused in any other case and if he/they is/are, he/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 he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)