IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6270 of 2010 1. LALOO CHOUDHARY & 2. Kare Choudhary @ Kari Choudhary, Both sons of Late Rampati Choudhary Versus STATE OF BIHAR ----------- 2/ 03.03.2010 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 and section 27 of the Arms Act. It has been submitted that the petitioners are named in the First Information Report but merely as a member of the mob and thereafter when co-accused were put on trial, none of the witnesses supported the factum of occurrence due to which they were acquitted. On a specific query about the antecedents of the petitioner, it has been stated that the petitioner is an accused in one other case. In view of such, let the petitioners, above named, who are in custody since 19.12.2009 and there is no likelihood of witnesses supporting the prosecution case even in the present trial, 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, Munger, in connection with Munger Mufassil P.S. case no.282 of 2000, 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,(ii) 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. JA/- (Anjana Prakash, J.)