IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44714 of 2009 MITHU PRASAD, S/o Rajendra Mahto Versus THE STATE OF BIHAR with Cr.Misc. No.45308 of 2009 JITENDRA KUMAR @ JITENDRA PRASAD S/o Ramotar Prasad Versus STATE OF BIHAR ----------- 2 18.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. Taking into consideration the fact that the petitioners are not named in the F.I.R. and during investigation only suspicion has been cast against them by father of one of the deceased persons and a vague motive had been alleged in the murder, let the petitioners above named, 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., Gaya in connection with Paraiya P.S.case No. 22 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Spd/- (Anjana Prakash, J.)