IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40114 of 2009 1. ANIL YADAV SON OF KAMLESHWARI YADAV @ KAMALS YADAV 2. INDRADEO YADAV SON OF BIPAT YADAV 3. HARDEO YADAV SON OF SARYUG YADAV Versus STATE OF BIHAR ----------- 2. 25.11.2009 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. Taking into consideration the fact that the petitioners are not named in the first information report which was initially instituted against unknown persons on the recovery of the dead body and later on after two months a protest petition was filed expressing suspicion against the present petitioners and apart from this there is no cogent material against them, let the petitioners above named, who is in custody since 11.7.2009, 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,Saharsa in Mahishi P.S.case No.58 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 2 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 trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )