IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33818 of 2009 1. SHARMA PRASAD YADAV. 2. Radhe Shyam Prasad Yadav. Both sons of Agandh Rai, Resident of Village-Mirkhiya P.S.-Pipra, District-East Champaran. Versus THE STATE OF BIHAR ----------- 02. 09.10.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. Taking into consideration that as per the counter-case story is that the deceased was in fact assaulted while he was committing theft and in course of that assault he had died and from the story narrated in the First Information Report vide Annexure-1 it would not be a case under Section 302 of the Indian Penal Code and at best it could be a case under Section 304 of the Indian Penal Code for which the petitioners have remained in custody since 30.05.2009 as also the fact that they have no criminal antecedent, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the - 2 - like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Pipra Kothi P.S. Case No. 59 of 2009 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 he is related with the petitioners. (ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and will not delay the trial and if they fail to do so on two given dates and delays the trial in any manner then their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)