IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41333 of 2009 1. DINESH MEHTA 2. MAHESH MEHTA, BOTH ARE SONS OF PULKIT MEHTA Versus STATE OF BIHAR ----------- 3. 2.2.2010 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 27 of the Arms Act. Taking into consideration the fact that there is no eye witness to the occurrence and the first informant has merely alleged that she suspected the hands of the petitioners on account of an earlier case in which the trial was going on, but the documents annexed with the present application show that in the said case cognizance has been taken only on 16.4.2009 disagreeing with the final report and, therefore, there was no case pending between the parties on the date of occurrence, let the petitioners above named, who are in custody since 19.6.2009, 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 Chief Judicial Magistrate, Araria in Raniganj P.S.case No.225 of 2008 (G.R.No.2232 of 2008), subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the bailor shall also state on - 2 - 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 of bail and (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. Narendra/ ( Anjana Prakash, J. )