IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15000 of 2010 1. SATISH MANDAL @ CHHATISH MANDAL SON OF LATE SARYUG MANDAL 2. SANJAY MANDAL SON OF ANOOP LAL MANDAL Versus STATE OF BIHAR ----------- 2. 11.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302 of the Indian Penal Code. The prosecution case is that some unknown criminals had strangulated the father of the informant to death. During investigation it transpired that much before the occurrence the petitioners had some financial dispute with the deceased and it was suspected that due to this reason the petitioners had killed the father of the informant. However, there is no eye witness to the occurrence nor is there any cogent material in support of the petitioners’ involvement. In view of such, let the petitioners above named, who are in custody since 26.6.2009, 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 2nd Additional Sessions Judge, Purnea in S.T.No.83 of 2010 arising out of Bhawanipur P.S.case No.119 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. The bailor will undertake to furnish information to the - 2 - court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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, (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 and (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. The fact that the petitioner no.1 has only one case pending against him will be verified by the Magistrate concerned before releasing him on bail. Narendra/ ( Anjana Prakash, J. )