IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17514 of 2010 1. SITA RAM SINGH S/O LATE UDIT SINGH 2. SIYA RAM SINGH S/O SITA RAM SINGH 3. KRISHNA SINGH S/O SITA RAM SINGH Versus THE STATE OF BIHAR ----------- 4. 8.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 201, 120B of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the son of the informant was allegedly killed by the accused persons with fire arms and the dead body was also taken away by them and he was locked up. Later when he was released, he instituted the present case. From perusal of the case diary it appears that there were a number of eye witnesses, who stated that the accused persons have committed the murder of the deceased, but there is no explanation as to why they did not institute any case in this regard and waited for the informant to do so after seven days of the occurrence. In view of such, let the petitioners above named, who are in custody since 25.3.2010 and have no criminal antecedents, 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 Chief Judicial Magistrate, Kaimur (Bhabhua) in Mohania P.S.case No.256 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who - 2 - will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (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 delays 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. Narendra/ ( Anjana Prakash, J. )