IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28181 of 2009 KALIM @ KALIM MIAN @ MD.KALIM SON OF LATE JAKIRULLAH, ESIDENT OF VILLAGE MAKHDOOM SARI MISKAR TOLI, P.S. SIWAN TOWN, DISTRICT SIWAN ….. PETITIONER Versus STATE OF BIHAR WITH Cr.Misc. No.32788 of 2009 BABLU @ BABLU MIAN SON OF JUKARIA MIAN, RESIDENT OF MAKHDUM SARAI (PURAB TOLA) P.S. SIWAN (T), DISTRICT SIWAN ….. PETITIONER Versus STATE OF BIHAR ----------- 3. 6.10.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code. Taking into consideration the fact that apart from a vague suspicion since the petitioner and the deceased were last seen in company of each other and there is no motive for the occurrence nor any definite cause of death is given in the postmortem examination report, let the petitioners above named, who are in custody since 24.12.2008 and 18.12.2008 respectively, 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., Siwan in connection with Siwan Town P.S.case No.190 of 2008 (In Cr.Misc.No.28181 of 2009) and Sri S.D.Divedi, J.M.Ist - 2 - class, Siwan in Siwan Town P.S.case No.190 of 2008 Trial No.3100 of 2009 (In Cr.Misc.No.32788 of 2009), 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 and (ii) that the petitioner will give an undertaking that they will receive the police papers on the given date and will not delay the trial and if they fail to do so on two given dates and delays the trial in any manner then their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )