IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46228 of 2009 1. NAND LAL MALI S/O RUPCHAND MALI 2. GANESH MALI S/O VISHWANATH MALI Versus STATE OF BIHAR ----------- 2. 11.1.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 201/34 of the Indian Penal Code. Taking into consideration the fact that there is no eye witness to the occurrence and there is only speculation that the petitioners would have hand in the occurrence because of some financial differences between the deceased and the accused persons, let the petitioners above named, who are in custody since 24.9.2009 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, Gopalganj in Bishambharpur P.S.case No.38 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 genealogy as to how he is related with 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 and (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 - 2 - trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )