IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16108 of 2010 1. ARUN SINGH 2. BARUN SINGH, BOTH SONS OF LATE RAVI PRASAD SINGH Versus THE STATE OF BIHAR ----------- 2. 17.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the wife of the informant was shot dead by unknown persons during the night, but the informant suspected the hands of one Nepali Singh on account of a threat having been meted out by him ten days earlier. The petitioners are not named in the first information report and subsequently a suspicion was cast against them on account of their suspicious behaviour before and after the occurrence. However, there is no eye witness to the occurrence nor is there any cogent material to suggest the complicity of the petitioners. In view of such, let the petitioners above named, who are in custody since 10.3.2010, 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 Chief Judicial Magistrate, Bhagalpur in Sahkund P.S.case No.160 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 - 2 - is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The fact that the petitioners have only one other case pending against them will be verified by the Magistrate concerned before releasing the petitioners on bail. Narendra/ ( Anjana Prakash, J. )