IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13216 of 2010 1. NIBU RAM, SON OF SHIV MUNI RAM 2. NIRU MIYAN @ MD. NOOR HASSAN MIYAN, SON OF LATE SOHBAD MIYAN. Versus STATE OF BIHAR ----------- 2. 28/04/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The prosecution case is that the nephew of the Informant was found murdered by unknown miscreants. During investigation, the Informant himself was implicated since there were land dispute between him and the deceased. It was widely speculated that the petitioners being the servant of the Informant, on being hired, had committed the occurrence. However, there is no eye witness to the occurrence and apart from suspicion, there is no material against them. In view of such, let the petitioners above named, who are in custody since 26.2.2009 and 22.5.2009 respectively 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 3rd Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 279 of 2009 arising out of Surajpura P.S. Case No. 84 of 2008 subject to the following conditions: (i)That one of the bailors will be a close - 2 - relative of the petitioners who 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 address of the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (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. S.Ali (Anjana Prakash, J.)