IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6092 of 2010 1. PAWAN KUMAR son of Dina Nath Chaurasiya, & 2. Munna Kumar son of Ram Nath Bhagat Versus STATE OF BIHAR ----------- 3/ 23.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302, 201/34 of the Indian Penal Code. Taking into consideration the tender age of the petitioners and the fact that there is no eye witness to the occurrence and only suspicion has been raised against them that they had killed the deceased after snatching his money, let the petitioners, above named, who are in custody since July, 2009, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Sikarpur P.S. case no. 156 of 2009, subject to the conditions (i) that one of the bailors will be the father of the petitioners, who will take responsibility for their respective sons, (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 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,(iv) 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 - 2 - 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. JA/- (Anjana Prakash, J.)