1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38694 of 2009 1. RAMDEO PASWAN, son of Chandradeep Paswan 2. BIMLA MISTRY, son of Sudeshwar Mistry 3. KAMLESH MISTRY, son of Sudeshwar Mistry All above residents of village Haiderganj, P.S. Karpi (O.P. Sahar Telpa) District Arwal .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 06.11.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code and 27 of the Criminal Law Amendment Act. 3. Taking into consideration the fact that the petitioners are named in the first information report only on suspicion to have murdered the wife, mother and two children of the informant, but, there is no mention of the witnesses, Vibha Kumari and Savitri Kumari having disclosed to the informant at the time of institution of the first information report that the accused persons were seen fleeing away and this is the only material which has transpired subsequently during investigation as also the fact that the motive which is being alleged is a dispute between the cousin of the informant Ajay Singh, and some Paswans of Haiderganj because of which the killing of the relatives of the informant appears to 2 be very improbable, let the petitioners, above named, who is in custody since 13.05.2009 and have no criminal antecedent, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Karpi (O.P. Sahar Telpa) P.S. Case No. 41 of 2009 to the satisfaction of the Chief Judicial Magistrate, Jehanabad, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/they shall not be released on bail and (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 he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)