IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13043 of 2009 1. RAM UDGAR MAHTO 2. RUPESH MAHTO --- PETITIONERS. Versus STATE OF BIHAR --- OPP. PARTY. ----------- 03. 28.07.2009 Heard learned counsels for the petitioners, informant and State. Two petitioners have approached this court for grant of bail in a case instituted under Sections 302/34 of the Penal Code and Section 27 of the Arms Act. The informant, in the occurrence, lost his father and mother. While he was away from home they were done to death by means of fire arm. In the F.I.R., the informant has disclosed that the petitioners might have committed the crime because there was throat cut enmity between the families in as much as one person belonging to the family of the accused was murdered in which the two deceaseds were made accuseds and they were, during the relevant time, on bail. It further appears from the F.I.R. that because of the threat meted out to them they had deserted their own village and were living in the village of maternal father. The investigation report also indicates that each of the deceased had received one fire arm injury which caused death. Learned counsel for the petitioners submits that apart from the strong motive that has been pleaded in the F.I.R. and 2 reflected from the case diary, there is no other incriminating circumstance in the case that may justify their continuance in the jail custody. He refers to paragraph nos. 3,9,12,19,35 of the case diary. Learned A.P.P. appearing on behalf of the State, on going through those paragraphs of the case diary states that the witnesses, who have deposed in the case, have supported the case set out by the informant in the F.I.R. No direct implication of the petitioners in the crime excepting that they had strong motive to commit murder of the deceased persons because of the animosity that was existing from before. This court, having considered the submissions advanced on behalf of the parties and after going through the materials placed before it by both the counsels and through the pleadings on the record, directs release of the above named petitioners, on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Rosera, Samastipur in connection with Bibhutipur P.S. Case no. 233/08, subject to the following conditions: (i) One of the bailors shall be the own/close family member of the petitioners. (ii) The petitioners shall appear before the court below in person on each 3 date fixed at the trial after the charges are framed. In case of default in such appearance on two consecutive dates, it shall be open to the trial court to cancel their bail bonds and secure their arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)