IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45971 of 2009 1. RAGHO RAI son of Late Jagat Rai, 2. Naga Rai son of Late Bhukhal Rai & 3. Deo Narayan Rai son of late Jagat Rai Versus STATE OF BIHAR ----------- 2/ 11.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 307and other allied sections of the Indian Penal Code. Taking into consideration the fact that there is counter version of the same occurrence and the dispute took place on account of land dispute and the submission that in the facts of the case no offence under section 307 of the Indian Penal Code would be made out, let the petitioner, above named, who are in custody since 25.9.2009, 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 the SDJM, Raxaul at Motihari, East Champaran, in connection with Adapur P.S. case no. 80 of 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, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, 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 they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)