IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31175 of 2009 1. AMAWAS CHOUDHARY 2. SUDARSHAN CHOUDHARY Versus STATE OF BIHAR ----------- 3. 24.11.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 201 and 120B/34 of the Indian Penal Code. Taking into consideration the fact that there is no eye witness to the occurrence and the entire case is based on suspicion on account of the fact that the deceased had eaten and drunk at their house where he was last seen alive, let the petitioners above named, who are in custody since 11.7.2008 and 4.8.2008 respectively, 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 F.T.C.3, Sasaram at Rohtas in connection with S.Tr.No.626 of 2008 arising out of Sanjhauli P.S.case No.41 of 2008, 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 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 2 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 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )