IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39610 of 2009 1. PANKAJ KUMAR S/O SURESH PRASAD 2. RAVI KUMAR PRASAD S/O MADHE PRASAD SAH Versus STATE OF BIHAR ----------- 4. 1.2.2010 Heard learned Counsel for the petitioners, the State and the informant. The petitioners seek bail in a case instituted for the offence under Sections 328, 302 and 120B of the Indian Penal Code. Taking into consideration the fact that there is no eye witness to the occurrence and the only material that has been collected during investigation is that the petitioners were also drinking along with the deceased, in course of which some one mixed some poisonous article in the liquor, due to which the deceased died but the same is not pointed to any one, let the petitioners above named, who is in custody since 22.9.2009, 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 Railway Judicial Magistrate, Katihar in Katihar Rail P.S.case No.35 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 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 - 2 - 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. Narendra/ ( Anjana Prakash, J. )