IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21607 of 2010 1. KAPIL YADAV, S/o Sasudeo Yadav. 2. Indal Yadav, S/o Sikandar Yadav. Versus THE STATE OF BIHAR ----------- 03. 26.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. The prosecution case is that the petitioner No. 2 along with co-accused, Sikandar Yadav informed the informant that his brother had fallen in the well but when he went there he found several injuries on the person of the deceased and also marks of assault. He alleged that the petitioners and other co-accused had assaulted the deceased. It has been submitted that there is no eye-witness to the occurrence and the entire case is based only on speculation. In view of such, let the petitioners, above named who are in custody since 28.08.2009 and 09.09.2009 respectively be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) 2 each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-I, Bhagalpur in connection with S.Tr. No. 133 of 2010 arising out of Sultanganj P.S. Case No. 46 of 2007 subject to the following 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail. (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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) 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. Vikash/- (Anjana Prakash, J.)