IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40195 of 2009 1. RAJESH DAS 2. Bijay Das 3. Ajay Das 4. Sanjay Das All are sons of Naga Das, resident of village Botaltola, Sahuparbatta, P.S. Parbatta, District Bhagalpur Versus STATE OF BIHAR ----------- 2. 25.11.2009 Heard counsel for the petitioners and the counsel for the State. The petitioners facing prosecution for offence u/s 302 and other allied offences of the Indian Penal Code seek bail on the ground that whatever allegation of giving the fatal blow on the deceased is concerned, that stands against one Nirmal Kumar Nirala @ Bipin Das and that the petitioners were only a member of the said unlawful assembly. He also refers to the release of co-accused Anil Das and Pramod Das on bail with identical allegation and would also highlight the fact that the petitioners have also no criminal antecedent. Considering the aforementioned submissions this Court is inclined to grant bail to the petitioners and consequently, the abovenamed petitioners are directed to 2 be released on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Naugachia in Parbatta P.S.Case No. 45/2009, one of which must be furnished by their close family relative. It goes without saying that the petitioners shall remain present in course of trial and their absence on two consecutive dates shall make them liable for cancellation of their bail. (Mihir Kumar Jha,J.) Surendra/