IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14135 of 2010 RAM CHANDRA SAH son of Late Raso Sah Versus STATE OF BIHAR With Cr. Misc. No. 15957 of 2010 MUNNA YADAV son of Late Rajendra Yadav Versus THE STATE OF BIHAR ----------- 3/ 24.06.2010 Heard learned counsel for the petitioner and the State. The petitioners seek bail in a case instituted for the offence under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. Prosecution case is that the brother of the informant was found dead near the railway track. The informant suspected number of accused persons including these petitioners. Later on, during investigation it transpired that the deceased had been called away by Sunil Kumar and Chandan Sheikh and thereafter a shot had been heard and then the dead body had been discovered as aforesaid. It has been submitted that there is no eye witness to the occurrence and apart from suspicion there is no material against them. In view of such, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Naugachia, Bhagalpur, in connection with Gopalpur (Rangra ) P.S. Case No.14 of 2010, subject - 2 - 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. Another bailor the petitioners shall be their father/ wife. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse,(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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)