IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44620 of 2009 1. KRISHNA SINGH @ SRI KRISHNA SINGH 2. MITHILESH SINGH @ MITHILESH PRASAD, BOTH SONS OF RAMSWARUP SINGH Versus STATE OF BIHAR ----------- 3. 1.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act. In the first information report it has been stated that there was a pending dispute between the parties on account of which the family of the informant had repeatedly been threatened by the accused persons. However it has been submitted that the earlier case had in fact ended in a final report and even court had accepted the same, so there was no pending dispute between the parties. During investigation it transpired that the deceased was a veteran criminal and accused in the murder of the brother of Navin Singh, another criminal, due to which there were series of disputes between them. Later on Navin Singh was arrested and he confessed that it is he along with others, but did not name the petitioners, who had killed the deceased. In view of the fact that there is no eye witness to the occurrence and there is only suspicion cast against the present petitioners on account of earlier case, about which it has been - 2 - submitted that it ended in a final report, let the petitioners above named, who are in custody since 9.10.2009, 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 Chief Judicial Magistrate, Nawadah in Warsaliganj P.S.case No.54 of 2006, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit 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 of bail 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. )