IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6733 of 2010 1. LAIS KHAN 2. ANGOOR KHAN BOTH SONS OF MAJARE ALAM. Versus STATE OF BIHAR ----------- 3. 08/04/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 201 and 120B/34 of the Indian Penal Code. When the husband of the Informant did not return, the Informant generally questioned the co-accused Jitendra Ram who gave a exculpatory extra judicial confession before the villagers that five accused persons including the present petitioners had taken away the deceased and, thereafter, he was done to death. The motive for the occurrence is alleged to be the kidnapping of daughter of Sogra Khatoon i.e. sister of the present petitioners due to which a case had been instituted against the deceased and only recently he had been released from jail custody and he was threatened by the accused persons. However, there is no eye witness to the occurrence. In view of such, let the petitioners above named, who are in custody since 12.8.2009, 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 4th Additional District and Sessions Judge, West Champaran, in Sessions Trial No. 591 of - 2 - 2009 arising out of Nautan P.S. Case No. 143 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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. (iii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali (Anjana Prakash, J.)