IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26023 of 2010 1. DOMA ROY S/o- Shankar Roy, resident of village- Shahwazpur, Goraha Tola, P.S.-Jogbani (Bathnaha), District-Araria 2. Binod Roy S/o- Mohan Roy, resident of village-Dhamdaha, P.S.-Jogbani(Bathnaha), District-Araria Versus STATE OF BIHAR ----------- 2 03.08.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Jogbani(Bathnaha)P.S. No. 98 of 2009 for offences punishable under Sections 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code and subsequently Section 302 was added to the set of allegations. Learned counsel for the petitioners submits that whereas the role assigned to the petitioner No.1 is that of an order giver, there is no specific act attributed to the petitioner No.2 in the set of allegations as set out in the F.I.R. He further with reference to an order passed in Cr.Misc.No.8153 of 2010 dated 22.3.2010 submits that the co- accused Shankar Roy who was alleged to have assaulted the deceased, has been granted bail by a Bench of this Court. 2 Learned counsel further submits that in the circumstances, the prayer of the petitioner requires consideration. Having regard to the circumstances aforesaid, let the petitioners namely, Doma Roy and Binod Roy be released on bail upon each of them furnishing individual bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jogbani (Bathnaha) P.S. case No. 98 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner(s) who will give an affidavit giving genealogy as to how he is related with the petitioner(s). (ii) That the bailor shall also state on affidavit individually that he will inform the court concerned if any of the petitioner is 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 3 fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Bibhash ( Jyoti Saran, J.)