IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7817 of 2010 1. MOTIL RAM @ MOTIL RAI, S/o Late Briksha Ram. 2. Sheshnath Rai, S/o Late Rameshwar Rai. Versus THE STATE OF BIHAR ----------- 02. 09.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302, 364 and 120B of the Indian Penal Code. Taking into consideration the fact that only allegation against the petitioners is that they were among the five persons who called away the deceased and after which he was not seen alive but there is no motive for the occurrence, let the petitioners above named who are in custody since 29.07.2009 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 Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 27 of 2006 subject to the 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 - 2 - 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 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)