IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40970 of 2009 1. KEDAR RAM S/O LATE MANGAL RAM 2. DULARCHAND RAM S/O SUNDAR RAM Versus STATE OF BIHAR ----------- 2. 30.11.2009 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 and 27 of the Arms Act. Taking into consideration the fact that the petitioners are not named in the first information report and subsequently their names transpired through witnesses but there is no explanation as to why these witnesses did not disclose the name of the petitioners at the time of institution of the F.I.R., let the petitioners above named, who are in custody since 21.7.2009 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., Khagaria in connection with Maheshkhut P.S.case No.55 of 2009 G.R.No.592 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 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 receive the - 2 - 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. )