IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5086 of 2010 1. KRISHNA CHOUDHARY son of Sri Ram Brich Choudhary & 2. Ram Bali Thakur son of Rameshwar Thakur Versus STATE OF BIHAR ----------- 6/ 21.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302, 379/34 of the Indian Penal Code. The prosecution case is that the informant heard that his brother’s dead body was lying near the house of the petitioner no.1 and he learnt that, in fact, the deceased had been done to death by the present petitioners after having been made to consume liquor and his money was looted by them, thereafter. It has been submitted that there is no eye witness to the actual occurrence and certain witnesses during investigation stated that in fact the deceased in a drunken state had fallen down from the roof top accidentally and died. Another version has been given by other witnesses that the deceased, in fact, died in the house of Mahavir Choudhary and, thereafter, his dead body was brought to the house of petitioner no.1, with the intent to implicate him since they were on inimical terms. Considering the above and also the fact that the petitioners are in custody since 8.11.2009 and 2.12.2009 respectively and have fair antecedents, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Fatehpur P.S. Case No.82 of - 2 - 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not 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,(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. JA/- (Anjana Prakash, J.)