IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13240 of 2010 1. RABIN SAH son of Sohan Sah & 2. Ranjeet Sah @ Palas Sah son of Jagarnath Sah Versus STATE OF BIHAR ----------- 2/ 28.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. Prosecution case is that the informant later deceased was variously assaulted by the accused persons with fists and slaps on 28.4.2009, about which he made report on 19.5.2009. There is no explanation as to why there was no report earlier in the matter. It has been submitted that the injured after treatment was discharged from the hospital but when his condition deteriorated one month later he was re-admitted and then died. The post mortem reveals that death has been caused on account of septicemia. In view of such, let the petitioners, above named, who are in custody since 19.1.2010, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua P.S. case no.210 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 bailors will undertake to furnish information to the court about 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 - 2 - 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 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. JA/- (Anjana Prakash, J.)