IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9101 of 2010 1. PAPPU PANDIT, son of Ramjee Pandit & 2. Ramjee Pandit, son of Late Ram Ayodhya Pandit Versus STATE OF BIHAR ----------- 2/ 23.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302, 201 of the Indian Penal Code. Taking into consideration the fact that there is no eye witness to the occurrence and at best it is a case of having been last seen with the deceased and a probable motive for the occurrence, let the petitioners, above named, who are in custody since 26.8.2009 and have no antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Dharhara P.S. case no. 91 of 2009, 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 - 2 - 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.)