IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17005 of 2009 1. JITENDRA CHOUDHARY & 2. Ashok Choudhary Both are sons of Ambar Choudhary, All are resident of village- Siyarua, Tola, P.S. Sanjhauli, Dist. Rohtas … Petitioners Versus STATE OF BIHAR … OP ----------- 3/ 08.10.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302,201,120-B/34 of the Indian Penal Code. Taking into consideration the fact that apart from the fact the petitioners and the deceased were last seen together there is no direct evidence against the petitioners as also the fact that the petitioners have remained in custody since 21.7.2008 and 4.8.2008 respectively and have no criminal antecedent, 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 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 giving 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 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. JA/- (Anjana Prakash, J.)