IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1254 of 2010 1. NITISH KUMAR S/O CHABBU MANDAL 2. RAJESH MANDAL @ KUMAR @ YADU S/O ANIRUDH MANDAL Versus STATE OF BIHAR ----------- 3. 31.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. The petitioners are not named in the first information report and thereafter when a circumstance appeared that the petitioners had been seen with the deceased bathing in the river, the petitioners were arrested, who gave their confessional statement before the police stating therein that the co-accused Rundeo Mandal, Upendra Mandal and Tullo Mandal had in fact killed the deceased. Thereafter the cloth of petitioner no.1 was seized from his own house, therefore, pinning his identity that in fact he was last seen with the deceased. However, there is no eye witness to the actual killing nor do the petitioners have any criminal antecedents. In view of such, let the petitioners above named, who are in custody since 16.8.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Supaul in Pipra P.S.case No.133 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an - 2 - affidavit giving genealogy as to how he is related with the petitioners, (ii) that 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, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) 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. Narendra/ ( Anjana Prakash, J. )