IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25059 of 2009 YOGENDRA THAKUR, son of Ramprit Thakur Versus STATE OF BIHAR With Cr. Misc. No.17639 of 2009 PRABHAKAR KUMAR, son of Sri Satish Verma Versus STATE OF BIHAR ----------- 5/ 22.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 328, 302/34 of the Indian Penal Code. In the First Information Report, the informant has stated that his son left with the present petitioners and thereafter petitioner Prabhakar informed the deceased’s sister that her brother was in a serious conditions and unconscious at Nawada Railway Station. Immediately thereafter, he called again to say that the deceased had been taken to the hospital where he has been declared dead. When the informant reached Nawada station, the fact that the deceased was being taken in a rickshaw in unconscious stage was confirmed by other witnesses. There is no motive for the petitioners to have committed the murder of the deceased. The fact that the accused persons themselves were informing the family members of the deceased is indicative of their innocence. In view of such, let the petitioners, above named, who are in custody since 12.12.2008 and 19.12.2008 respectively, 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 - 2 - Magistrate, Lakhisarai, (Cr. Misc. No. 25059 of 2009) Additional Chief Judicial Magistrate, Lakhisarai, (Cr. Misc. No.17639 of 2009) in connection with Lakhisarai (Kabaiya) P.S. case no.521 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, and (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)