IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33317 of 2009 1. DAYANAND MANDAL, son of late Khonai Mandal 2. MAHESH MANDAL, son of Daya Nand Mandal Both residents of village Kodhaili, Pashchim Par, P.S. Palasi, district Araria .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 17.09.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 341, 323, 307, 302 and 34 of the Indian Penal Code. 3. Taking into consideration the fact that on account of minor issue the family members clashed between themselves for which both the parties sustained injuries, but, unfortunately the son of the informant died and the submission is that in the circumstance it would not be a case of Section 302 of the Indian Penal Code as also there is no specific overt act against the petitioners, above named, let they be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Palasi P.S. Case No. 75 of 2009 to the satisfaction of the Chief Judicial Magistrate, 2 Araria, on the conditions that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners, 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 that the petitioners will give an undertaking that they will receive the police papers on the given date and will not delay the trial. S.A. (Anjana Prakash, J.)