IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45842 of 2009 1. BIRENDRA RAM, S/O DEO NARAYAN RAM 2. DADAN RAM, S/O DEOKI RAM BOTH R/O RAMPUR BHERIAHI, P.S. KATHAIYA, DISTRICT MUZAFFARPUR .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 08.01.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Section 302 and other allied sections of the Indian Penal Code. 3. Taking into consideration the fact that there is no allegation of assault by the petitioners upon the deceased, let the petitioners, above named, who is in custody since 27.10.2009 and have no criminal antecedent be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Kathiya P.S. Case No. 42 of 2008 to the satisfaction of the Sub Divisional Judicial Magistrate, West, Muzaffarpur, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the 2 petitioners, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/they shall not be released on bail and (iii) that the petitioner swill give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)