IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42828 of 2009 1. RAM BALI MANJHI SON OF SARJUG MANJHI 2. KAMLESH MANJHI SON OF SRI DOMAN MANJHI 3. LALAN MANJHI SON OF LATE SARJUG MANJHI 4. SURESH MANJHI SON OF LATE RAMA MANJHI ------- PETITIONERS. Versus STATE OF BIHAR ----------- 2. 09/12/2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 304 of the Indian Penal Code. Taking into consideration the fact that the deceased was assaulted on account of having been suspected as a thief by various persons including the petitioners, but, there is no specific overt act against them, let the petitioners above named, be released on bail on furnishing bail bonds 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 Paraiya P.S. Case No. 77 of 2009 subject to the following 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 is related with the petitioners. (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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on 2 date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)