IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5740 of 2010 KUNAL KUMAR @ GORE, S/o Suresh Prasad. Versus THE STATE OF BIHAR with Cr.Misc. No.7839 of 2010 UDAY SINGH, S/o Chando Singh. Versus THE STATE OF BIHAR ----------- 03. 23.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302, 201 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that the only material that transpired against the petitioners is that they were seen in the company of the deceased consuming liquor and it has been submitted that there is no motive for commission of the present occurrence by the petitioners, let the petitioners above named who are in custody since 02.11.2009 and 21.11.2009 respectively and have no criminal antecedents 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 - 2 - Manoj Kumar-IV, Judicial Magistrate, 1st Class, Bihar Sharif, Nalanda (or his successor) in connection with Giriak P.S. Case No. 157 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 affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail. (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.)