IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39354 of 2009 1. BHULETAN BIND son of Ramprit Bind & 2. Harendra Bind son of Dhuna Bind Versus STATE OF BIHAR ----------- 2/ 18.11.2009 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 and section 27 of the Arms Act. Taking into consideration the fact that there is no eye witness to the occurrence and the only allegation against sixteen accused persons including the present two petitioners is that they were seen running away from the place of occurrence after the gun shot and have no antecedent, let the petitioners above named, who are in custody since June, 2009, 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 the Sessions Judge, Bhojpur at Arrah, in connection with Sessions trial No.320 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 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 and (iii) 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. JA/- (Anjana Prakash, J.)