IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1842 of 2010 1. BAGAR YADAV, S/o Magaru Yadav. 2. Laxan Patel, S/o Yogendra Patel. Versus THE STATE OF BIHAR ----------- 02. 01.02.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code. In the First Information Report the informant has stated that three days after her husband left his house Md. Attaullah and Md. Ishlam came and told him that her husband had been done to death by seven named and 3 to 4 unnamed persons in which the petitioner No. 2 was named. However, the informant gave statement under Section 164 Cr.P.C. wherein even though she states that these two witnesses came and told her that her husband had been killed but no names had been disclosed by them. There is no explanation as to why these alleged witnesses who had seen the occurrence did not make any report anywhere about the matter. Under the circumstances, let the petitioners above named who - 2 - are in custody since 19.10.2009 and 17.09.2009 respectively and have no criminal antecedent 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 Railway Judicial Magistrate, Bettiah, West Champaran in connection with Sugauli Rail (Bettiah) G.R.P.S. Case No. 49 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 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. Vikash/- (Anjana Prakash, J.)