IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41608 of 2009 1. LALA RAM @ SURESH RAM 2. RAMAKABAL RAM, BOTH SONS OF GANGA RAM Versus STATE OF BIHAR ----------- 2. 2.12.2009 Heard learned Counsel for the petitioners, the State and the informant. The petitioners seek bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code and 25(1A)(1B), 26, 27 and 35 of the Arms Act. Taking into consideration the fact that the petitioner no.1 is the assailant of the deceased, I am not inclined to grant bail to the petitioner. Prayer for bail of petitioner no.1, above named, is rejected. So far as the petitioner no.2 is concerned, there is no specific overt act of assault upon him, let the petitioner above named, who is in custody since 5.6.2009, 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 Chief Judicial Magistrate, Kaimur at Bhabua in Kudra P.S.case No.80 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail and (iii) that the - 2 - petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails 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. Narendra/ ( Anjana Prakash, J. )