IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34133 of 2009 1. SURESH THAKUR SON OF PARIKHA THAKUR 2. SUJIT THAKUR SON OF SURESH THAKUR, BOTH ARE RESIDENT OF VILLAGE ANCHA, P.S. DAUDNAGAR, DISTRICT AURANGABAD ….. PETITIONERS Versus STATE OF BIHAR ----------- 2. 12.10.2009 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. Taking into consideration the fact that there is counter case with regard to the same occurrence and there is specific overt-act against co-accused Ranjit Thakur Narhari Thakur and not against the petitioners as also the submission that there was a free fight between the parties and the petitioners were merely members of the mob, let the petitioners above named, who are in custody since 25.3.2009, 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 Sub- Divisional Judicial Magistrate, Daudnagar in Daudnagar P.S.case No.54 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 and (ii) that the petitioners will - 2 - give an undertaking that they will receive the police papers on the given date and will not delay the trial and if they fail to do so on two given dates and delays the trial in any manner then their bail will be liable to be cancelled. , Narendra/ ( Anjana Prakash, J. )