IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37960 of 2009 1. AKHILESH YADAV S/O LATE KARU YADAV R/O VILL.- PUNTHAR, P.S.- NARHAT, DISTT.- NAWADA. 2. ARJUN YADAV S/O YUVRAJ YADAV R/O VILL.- HAMIDPURBARA, P.S.- NARHAT, DISTT.- NAWADA. Versus 1. THE STATE OF BIHAR ----------- 03. 02.12.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. Taking into consideration the fact that even though the petitioners were well known, co-villagers were not named in the First Information Report and thereafter were named by a signatory of the First Information Report in a statement under Section 164 Cr.P.C. 12 days later but there is no explanation as to why the petitioners were not named earlier, let the petitioners above named who are in custody since 09.04.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Narhat P.S. Case No. 38 of 2009 subject to the - 2 - following 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 related with the petitioners. (ii) 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. Vikash/- (Anjana Prakash, J.)