IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38520 of 2009 1. RAM JANAM SAHNI son of late Jiut Sahni & 2. Pitamber Sahni son of Ram Janam Sahni Both are resident of village- Khairi Jamunia, P.S. Pipra, Dist. East Champaran, Motihari ...Petitioners Versus STATE OF BIHAR ...OP ----------- 2/ 06.11.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. Taking into consideration the fact that there is direct allegation against petitioner no.1, Ram Janam Sahni, I am not inclined to grant bail to him. Prayer of petitioner no.1, Ram Janam Sahni, for bail is rejected. So far as the petitioner no.2, Pitamber Sahni is concerned, there is no allegation of any assault by him upon the deceased. In the facts and circumstances of the case, let the petitioner no.2 Pitamber Sahni 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pipra P.S. case no. 103 of 2004, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving 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 the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)