IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26122 of 2010 1. ASHOK MAHTO SON OF SHIYARAM MAHTO 2. LAL BABU MAHTO SON OF SHIYARAM MAHTO Versus STATE OF BIHAR ----------- 3. 15.9.2010 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. It has been submitted that the petitioners are not named in the first information report and subsequently their complicity arose since it was suspected that the deceased had illicit relationship with the wife of the cousin of the petitioners. Considering the same, let the petitioners above named, who are in custody since 6.5.2010 and 18.5.2010 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Begusarai in Balia P.S.case No.26 of 2010, subject to the 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 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, (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 - 2 - 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 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 and (v) 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. Narendra/ ( Anjana Prakash, J. )