IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3497 of 2010 1. GORELAL YADAV. 2. Ajay Yadav. S/o Sri Domi Yadav. Versus THE STATE OF BIHAR ----------- 02. 09.02.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. Taking into consideration the fact that on account of a simple altercation which led to stone pelting and thereafter assault by lathi danda in which occurrence the deceased lost his life and the submission is that in facts of the case no offence under Section 302 of the Indian Penal Code would be made out, let the petitioners above named who are in custody since 18.08.2009 and have no criminal antecedent be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Nawada P.S. Case No. 278 of 2009 subject to the - 2 - following 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 accused in any other case and if they are they shall not be released on bail. (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. In case the petitioners tamper with the witness it will be open to the informant to make a complaint before the Magistrate concerned to hold a proper inquiry in the matter. Vikash/- (Anjana Prakash, J.)