IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10290 of 2010 1. GUPTESHWAR PASWAN SON OF LATE SUNDER PASWAN 2. RINA DEVI W/O DOMAN THAKUR Versus STATE OF BIHAR ----------- 2. 1.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302 of the Indian Penal Code. The petitioners are not named in the first information report. Subsequently the informant has stated that the deceased had left with the petitioners and in all probability he had been killed by the present petitioners. However, there is no eye witness to the occurrence nor is there any cogent motive for having committed the occurrence. In view of such, let the petitioners above named, who are in custody since 18.11.2009 and have no criminal antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in Nabinagar P.S.case No.9 of 2009, 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 an undertaking that they will - 2 - 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. Narendra/ ( Anjana Prakash, J. )