IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40003 of 2009 1. DEV NARAYAN RAM @ DEO NARAYAN RAM @ DEO NARAYAN RAM 2. DEOKI RAM @ DEWAKI RAM, BOTH SONS OF LATE YADU RAM. Versus STATE OF BIHAR ----------- 2/ 25-11-2009 Learned counsel for the petitioner is permitted to make correction in the prayer portion. Heard both the parties. The petitioners seek bail in a case institution under section 302 and other allied sections of the Penal Code. Taking into consideration the fact that there is no allegation of assault by the petitioners upon the deceased, let the above named petitioners who are in custody since 11.08.2009 and 08.04.2009, respectively, and have no criminal antecedent , be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) eachwith two sureties of the like amount each to the satisfaction of S.D.J.M. (West) Muzaffarpur in connection with Kathaiya P.S. Case No. 42 of 2008 on 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 - 2 - petitioners are not an 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 date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. ( Anjana Prakash, J ) BTiwary/