IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1763 of 2010 1. RAJESH MAHTO S/O BHAIRO MAHTO 2. DILIP MAHTO S/O LATE RAMCHANDRA MAHTO Versus STATE OF BIHAR ----------- 2. 29.1.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 201/34 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that there is no eye witness to the occurrence and later on during investigation only a suspicion has been cast against the petitioners for having a vague motive to commit this occurrence, let the petitioners above named, who are in custody since 26.5.2009, 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 A.D.J., Patna City in connection with Sessions Trial No.1525 of 2009 arising out of Sultanganj P.S.case No.52 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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 of bail - 2 - and (iii) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )