IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.52225 of 2008 DASHRATH YADAV, son of Shatrughan Yadav, resident of village Sukhashan, Police Station Hasanpur, district Samastipur .. Petitioner Versus THE STATE OF BIHAR .. Opposite Party With Cr. Misc. No. 30698 of 2008 RAM DAYAL YADAV, son of late Ram Sudhari Yadav, resident of village Samaypura, P.S. Hassanpur, district Samastipur .. Petitioner Versus THE STATE OF BIHAR .. Opposite party **** /5/ 28.08.2009 Heard the counsel for the petitioners and the State. 2. The petitioners seek bail in a case instituted for offences under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code. 3. It is being submitted on behalf of the petitioners that while they were in custody in another case the deceased living in the same ward was assaulted with fist and slaps, but, unfortunately died ten days later due to septuculine injuries and, therefore, it does not appear to be a case under Section 302/34 of the Indian Penal Code and at best it would be a case under Section 304/34 of the Indian Penal Code for which petitioner remained in custody since 04.10.2007, let the petitioners, Dashrath Yadav (Cr. Misc. No. 52225 of 2008) and Ram Dayal Yadav (Cr. Misc. No. 30698 of 2008), be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like 2 amount each in connection with S.T. No. 742 of 2008 arising out of Rosera P.S. Case No. 102 of 2007 to the satisfaction of the Additional Sessions Judge, Rosera at Samastipur (in Cr. Misc. No. 52225 of 2008) and P.S. Case No. 102 of 2007 to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, Samastipur, (Cr. Misc. 30698 of 2008) on the condition that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. 4. It has been brought to the notice of the Court that the trial is in progress and none of the witnesses are supporting the case of the prosecution. The petitioners are directed to be present on each date during trial and in case they fail to do so on two consecutive dates, their bail is liable to be cancelled for misuse of bail. S.A. (Anjana Prakash, J.)