IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5425 of 2010 1.JAI KRISHNA SINGH @ JAI KRISHAN SINGH @JAIDEO BHARTE @ J.K.SINGH. 2.SAGAR BHARTI Versus STATE OF BIHAR 2 23.2.2010 Heard the learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302/34 of the I.P.C. and section 27 of the Arms Act. In the F.I.R. the petitioners have not been named as accused but later on one witness Gopal Singh stated that Pappu Singh, son of the deceased, told him that these petitioners have committed the present crime. Submission is that it is highly improbable that the son would not disclose this fact immediately. Also it appears that there is no eye witness to the occurrence since in the F.I.R. it is stated that when Pappu Singh, went to wake up his father he found him dead. In view of the aforesaid as also there is land dispute between the parties, let the petitioners, above named, who are in custody since 13.12.2009 having no criminal antecedent, be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Banka, in Rajoun P.S. Case No.103 of 2009 / G.R. No.1166 of 2009 subject to the conditions that (a) one of the 2 bailers will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners, (b) 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 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. AnilKr.Sinha (Anjana Prakash,J.)