IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45056 of 2009 1. AINUL MIAN SON OF ALI HUSSAIN MIAN 2. ALI HUSSAIN MAIAN @ ALI HUSSAIN @ ALI HASSAN SON OF LATE FAKRUDDIN MIAN Versus STATE OF BIHAR ----------- 2. 6.1.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 341, 323, 302 and 504 of the Indian Penal Code. Taking into consideration the fact that there is direct allegation against the petitioner no.1 of having caused the death of the deceased, I am not inclined to grant bail to the petitioner. The prayer for bail of petitioner no.1, namely, Ainul Mian is rejected for the present. So far as the petitioner no.2 is concerned, there is no specific overt-act of having assaulted the deceased, let the petitioner no.2, namely, Ali Hussain Maian @ Ali Hussain @ Ali Hassan 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 Chief Judicial Magistrate, Muzaffarpur in Pear P.S.case No.63 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner and (ii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays - 2 - the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )