IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41199 of 2009 KAILASH PATI CHOUBEY, son of late Devnath Choubey Versus STATE OF BIHAR With Cr. Misc. No.46460 of 2009 PAPPU KAHAR son of Suresh Kahar Versus STATE OF BIHAR ----------- 3/ 04.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code. Taking into consideration the fact that even though the petitioner Kailash Pati Choubey is said to have pressed the neck of the deceased but no injury was found on the neck of the deceased and the injury caused by co-accused Wakil on the chest and abdomen is said to be the cause of death of the deceased, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Bhabhua P.S. case no.322 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 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, 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. JA/- (Anjana Prakash, J.)