IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5459 of 2010 RAJENDRA PRASAD Versus STATE OF BIHAR With Cr.Misc. No.6745 of 2010 Rajiv Kumar @ Rajeev Kumar vrs. The State of Bihar 2 23.2.2010 Both the aforesaid cases have been heard together as the same have arisen out of one F.I.R. Heard the learned counsel for the petitioners and the State. The petitioners seek bail in a case registered for the offence under sections 302 and 120(B)/34 of the I.P.C. and section 27 of the Arms Act. In the F.I.R. the informant stated that on the date of occurrence two persons on the pretext of being patient came to their maternal aunt and had committed murder. The informant suspected the hand of the present petitioners who happened to be the brothers of the husband of the maternal aunt, namely, Sudhir Singh since he had filed a suit, so that the compensation amount was to be paid to the maternal aunt in the matrimonial property. Taking into consideration the aforesaid facts as also that the petitioners have no criminal antecedent and they have been roped in this case only on account of suspicion, let the petitioners abovenamed, who are in custody since 15.10.2009, be 2 released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Nalanda, in Deepnagar P.S. Case No.213/09 subject to the conditions that (a) 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, (b) 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 and (c) 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. AnilKr.Sinha (Anjana Prakash,J.)