IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44264 of 2009 1. MD. MANJOOR S/O LATE MD. SAIDEN R/O MOH- ISHAK CHAK, P.S- ISHAK CHAK, DISTT- BHAGALPUR 2. MD. BACHAN S/O LATE BUDHU MIAN R/O MOH- ISHAK CHAK, P.S. ISHAK CHAK, DISTT- BHAGALPUR .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /2/ 06.01.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. 3. The petitioners’ prayer for bail was earlier rejected by an order, dated 18.04.2009. 4. Taking into consideration the fact that the concubine of the deceased did not name the petitioners initially and, thereafter, named them as having been holding the deceased by his arms in her statement under Section 164 of the Criminal Procedure Code, let the petitioners, above named, who are in custody since 10.06.2008 and have no criminal antecedent be released on bail on furnishing bail 2 bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with S.T. No. 1127 of 2008 arising out of Ishak Chak P.S. Case No. 59 of 2008 to the satisfaction of the Additional District Judge, Fast Track Court, V, Bhagalpur, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/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 he/they fail(s) to do so on two given dates and delays the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)