IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3014 of 2010 1. RAM PRAVESH TIWARI son of Nagendra Tiwari, resident of village Anjani Sahorri, P.S. Sarai, District Viashali, 2. Jitendra Singh sonof Ram Nath Singh, resident of village Parmanandpur, P.S. Nath Goan, District Chhapra, 3. Manoj Kumar Yadav sonof Bahuran Yadav,resident of village Andhra, P.S. Andrathari, District Madhubani… …. …Petitioners Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioners: Mr. A.K. Thakur, and Mr. Malay Kumar Choudhary, Advocates For the State: Mr. Uma Shankar Prasad Singh, APP ----------- 4 23.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case registered under sections 279 and 304(A) of the Indian Penal Code. However, subsequently, section 302/34 of the Indian Penal Code has been added in this case. The first information report has been lodged on the basis of the statement of one Mahendra Paswan, who is Chowkidar. It is stated therein that the dead body had been recovered and it had transpired that a truck had crushed the deceased. However, it is submitted on behalf of the petitioners that subsequently, the relatives of the deceased and some other persons had made statement after about five months that in fact, 2 it has transpired to them that the employees of the bus had killed the deceased and on that basis section 302 of the Indian Penal Code had been added later on. Learned counsel further submits that their statement is hearsay and there is no direct or indirect material against the petitioners. It is also submitted that the post-mortem report indicates towards accidental death of the deceased. Petitioner no. 1 is stated to be in custody since 11.12.2009 and petitioner nos. 2 and 3 are stated to be in custody since23.09.2009. Considering the facts and circumstances of the case, I direct the abovenamed petitioners, Ram Pravesh Tiwari, Jitendra Singh and Manoj Kumar Yadav, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur in Andhrathari Police Station Case No. 73/09 with further condition that one of the bailors of each of the petitioners must be his close relative or family member, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner concerned. SC ( Dr. Ravi Ranjan, J.)