- 1 - IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3157 of 2010 JEEBACHH PASWAN, son of Kishun Paswan Versus STATE OF BIHAR With Cr. Misc. No.4252 of 2010 KAMLESH MUKHIA, son of Ram Shobhit Mukhia Versus STATE OF BIHAR ----------- 3/ 17.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302, 201/34 of the Indian Penal Code. The informant speculated that his son was done to death by certain accused persons, who were drinking wine in the house of Brahamdeo Paswan, on account of the fact that earlier Brahamdeo Paswan had tried to molest his grant daughter and when his action was thwarted, this occurrence in retaliation has been done by him. However, no witness has been cited in the First Information Report. During investigation, one Ras Lal Paswan, appeared as an eye witness nine days later and stated that he had seen the occurrence and specifically attributed overt act to co-accused Chander and Brahamdeo, who have already been granted bail by this court. In view of the such, let the petitioners, above named, who are in custody since 27.10.2009 and 2.11.2009 and have no antecedents, 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, Madhubani, in connection with Jaynagar (Deodha) - 2 - P.S. case no.257 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,(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 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, and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)