IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31892 of 2009 1. Narayana Mistri, Son of Laxman Mistri, Resident of Village Adarchak, Tola Mahua Dohri, P.S. Dumaria, District Gaya. 2. Satyendra Mistri, Son of Laxman Mistri, Resident of Village Adarchak, Tola Mahua, Dohari, P.S. Dumaria, District Gaya. ------- Petitioners Versus The State of Bihar -------- Opp. Party ----------- 3 7.11.2009 Heard counsel for the petitioners and counsel for the State. The two petitioners are facing prosecution for an offence under Section 302, 201, 379/34 of the Indian Penal Code and it is alleged that they had conspired together along with other persons for killing the deceased. There is no eye-witness to the occurrence and the informant also has named the petitioners in the First Information Report on the basis of suspicion alone. In this case, Case Diary was called for and from its different paragraphs, it would appear that only because a couple of days back, some altercation had taken place in which the petitioners and their family members were found to have given threat to the deceased and subsequently the dead body of the deceased was recovered in an abandoned 2 condition from a field, the informant had reasons to believe that such an occurrence was committed by the petitioners and others named in the First Information Report. There being, therefore, directly nothing to connect the petitioners and they have also no criminal antecedent, this Court is inclined to grant bail to the petitioners, namely, Narayana Mistri and Satyendra Mistri on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Sherghati, Gaya in connection with Dumaria P.S. Case No. 14 of 2009, on a specific condition that one of the sureties for both the petitioners would be either of his parents or his wife. It is also made clear that the petitioners shall remain physically present in course of trial and in the event of their absence even for two consecutive dates of such trial, their present bail shall be liable to be cancelled. Rsh (Mihir Kumar Jha, J.)