IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27992 of 2009 BINNU PRASAD @ BINDU PRASAD Son of Ramdeo Mahto, Resident of Village- Bara Bigha, P.S. – Noorsarai, District- Nalanda -------------Petitioner Versus STATE OF BIHAR ------------Opposite Party With Cr.Misc. No.26413 of 2009 RAM AWTAR MAHTO @ RAM AWTAR PRASAD Son of Late Sri Mahto Resident of Barabigha, Police Station Noorsarai, District- Nalanda -------Petitioner Versus STATE OF BIHAR ---------Opposite Party ----------- 2. 21.8.2009 Heard learned counsel for the petitioners and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302/34, 364, 365, 201 and 120B of the Indian Penal Code. Taking into consideration the fact that the material against the petitioner is the statements of some witnesses who have stated under Section 164 Cr. P.C. that the petitioner was seen going to the house of Naresh Mahto to whose house the deceased had also allegedly gone, let the petitioners above named who is in custody since 11.5.2009 and 10.2.2009 respectively be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 21/09, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner - 2 - (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail and (iii) that the petitioner will give an undertaking that he will receive the police paper on the given date and will not delay the trial. P. Kumar (Anjana Prakash, J.)