IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24892 of 2010 1. AMLESH RAI son of late Baban Rai & 2. Narain Singh son of Late Heera Singh Versus STATE OF BIHAR ----------- 2/ 26.07.2010 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. The prosecution case is that while the deceased was sitting in the village suddenly the petitioner and 2-3 unknown persons came there and injured him and thereafter seated him on the motor cycle and took him away and shot him dead. The motive for the occurrence is that the father of the petitioner no.1 has been allegedly killed by the deceased and in retaliation the present occurrence has taken place. It has been submitted on behalf of the petitioners that the deceased was not involved in the murder of the father of petitioner no.1 which is evident from Annexure-2. In view of such and also that there is no specific overt act with regard to causing death of the deceased and apart from one other case pending against petitioner no.1 and petitioner no.2 having fair antecedent, let the petitioners, above named, 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 the Fast Track Court III, Gopalganj, in connection with Sessions Trial No. 350 of 2010, 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 - 2 - related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 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, and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. With regard to petitioner no.1, the Magistrate before releasing him on bail will verify the fact that he has only one other case pending against him apart from the present one and with regard to the petitioner no.2 the Magistrate before releasing him on bail will verify the fact that he has no criminal antecedent. JA/- (Anjana Prakash, J.)