IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39423 of 2009 YUGAL SHARMA @ YUGAL KISHORE SHARMA SON OF LATE RAM NARESH SHARMA Versus STATE OF BIHAR with Cr.Misc. No.41240 of 2009 SUNIL SHARMA SON OF LATE RAM DEVI SHARMA Versus STATE OF BIHAR ----------- 2. 19.11.2009 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 three days after Munna Sharma, the brother of the deceased as a sole eye witness, named the petitioners and others but not as assailants, let the petitioners above named, who are in custody since 4.8.2009 and 11.5.2009 respectively, 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, Gaya in connection with Belaganj P.S.case No.32 of 2003, 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 bailor shall also state on affidavit that he will inform the court 2 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 and (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. Narendra/ ( Anjana Prakash, J. )