IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44603 of 2009 1. RAMESH RAI S/O LATE TETAR RAI R/O VILL PHULIA TOLA, P.S.PHULWARISARIFF,DISTT-PATNA Versus 1. THE STATE OF BIHAR with Cr.Misc. No.46092 of 2009 1. RAMJEE RAI. 2. Ashok Rai. Both sons of Late Tetar Rai. Versus THE STATE OF BIHAR ----------- 02. 23.12.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that specific overt act has been alleged to co-accused, Bhola Rai and Shankar Rai of having fired and killed the deceased, Dipak Kumar, let the petitioners above named who are in custody since 17.08.2009 (Ashok Rai is in custody since 26.08.2009) 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 Chief Judicial Magistrate, Patna in connection with Phulwari Sharif P.S. Case No. 333 - 2 - of 2009 subject to the following 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. (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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)