IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4461 of 2010 1. AMARJEET RAI, s/o Kameshwar Rai & 2. Kameshwar Rai, s/o late Nevilal Rai Versus STATE OF BIHAR ----------- 2/ 17.02.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. Taking into consideration the fact that the First Information Report was instituted two days later upon the death of the deceased and even though initially a case under section 302 of the Indian Penal Code was instituted but chargesheet was submitted under section 304 of the Indian Penal Code, let the petitioners, above named, who are in custody since 20.11.2009, 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, Samastipur, in connection with Patory P.S. case no.63 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 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.)