IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46221 of 2009 BRIJ BIHARI SINGH SON OF LATE BHAGWAN SINGH Versus STATE OF BIHAR With Cr.Misc. No.279 of 2010 1. KASHI NATH SINGH SON OF LATE RAM NARESH SINGH 2. BIRENDRA SINGH SON OF KASHI NATH SINGH Versus STATE OF BIHAR ----------- 2. 12.1.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 364 and 302/34 of the Indian Penal Code. It appears that the petitioners were named in the first information report, which is dated 24.5.1997, but not charge sheeted in the first charge-sheet dated 6.9.1997 nor in the second charge-sheet dated 11.8.2009 and came to be charge sheeted only on 30.9.2009 i.e. after about twelve years of the occurrence. The merits of the case is that even though four eye witnesses were named in the first information report, one of them was not examined and the rest two were belatedly examined after about three months. The informant in the split up trial and one other eye witness did not support the case of the prosecution, which has been noted in the impugned order. Taking into consideration the aforementioned facts, 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 Sri Ram Chandra Prasad, - 2 - Judicial Magistrate, 1st class, Bikramganj, Rohtas at Sasaram in Natwar P.S.case No.28 of 1997, 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 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 (iii) 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. The learned Magistrate is directed to commit the case for trial immediately so that it can be amalgamated with the Sessions Trial of the other accused persons, which is pending for trial before Additional Sessions Judge 3rd, Rohtas at Sasaram vide Sessions Trial No.137 of 1999. Narendra/ ( Anjana Prakash, J. )