IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5217 of 2010 1. BUTAN SAH 2. MAHESHWAR SAH, BOTH SONS OF RAM SHOBHIT SAH Versus STATE OF BIHAR ----------- 2. 23.2.2010 Heard 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 Indian Penal Code. Taking into consideration the fact that even though the allegation against the petitioners is of assault with Dabiya and Tengari on the head of the deceased on account of land dispute, but the postmortem report reveals that the injury sustained by the deceased was caused by hard and blunt substance, let the petitioners above named, who are in custody since 10.6.2009, 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 Sessions Judge, Muzaffarpur in S.Tr.No.817 of 2009 arising out of Gaighat P.S.case No.114 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 - 2 - misuse of bail, (iii) 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 and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )