IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2538 of 2010 1. Md. Abbas @ Abbas Uddin, Son of Late Domi Mian. 2. Md. Rizwanuddin, Son of Md. Bhochanuddin. Both are residents of Village- Therwapar, Police Station- Choutham, District- Khagaria..............................Petitioners. Versus THE STATE OF BIHAR ...................................Opposite Party. ----------- 2. 03.02.2010. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 328, 302/34 of the Indian Penal Code. Taking into consideration the fact that there is only suspicion against the petitioners for having administered poisonous substance in the liquor offered to the deceased but there is no conclusive report of the same in the post mortem examination report, let the petitioners above named who are in custody since 07.11.2009 and 10.12.2009 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 the learned Chief Judicial Magistrate, Khagaria, in connection with Chautham P.S. Case No. 55 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 (ii) 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 of bail and(iii) that 2 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. U.K. (Anjana Prakash,J)