IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37315 of 2009 1. BRAHMDEO NARAYAN CHOUDHARY @ BRAHMDEO CHOUDHARY S/o Late Pradip Narain Chaudhary 2. Sanjay Kumar Choudhary S/o Brahmdeo Narain Choudhary, Both residents of village- Kaushalpur, P.S. Amarpur, District- Banka ...Petitioners Versus STATE OF BIHAR ...OP ----------- 2/ 04.11.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the first information report and has not even been suspected to have committed the present crime and later on the petitioners are suspected on account of land dispute but there is no eye witness to the occurrence, let the petitioners above named, who are in custody since 9.9.2009, 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, Banka, in connection with Amarpur P.S. case no.10 of 2008, subject to the 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, and (ii) 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 fails 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. JA/- (Anjana Prakash, J.)