IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24853 of 2010 1. MD. SARBAR ALAM @ MD. SARBAR SON OF MD. MUSTAQUE 2. MD. SANOBAR SON OF MD. MUSTAQUE 3. MD. RASHID SON OF LATE TAFAJUL Versus STATE OF BIHAR ----------- 2. 23.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 323, 307, 353, 324 and 325/34 of the Indian Penal Code. It has been submitted that when cousin sister of the petitioners died in the Hospital allegedly on account of medical negligence, a case u/s.304 I.P.C. was instituted by his uncle and thereafter the present case has been instituted against the unknown persons in which the petitioners have now been remanded being the family members of the deceased. In view of such, let the petitioners above named, who are in custody since 4.6.2010 and 7.6.2010 respectively and have no criminal antecedents, 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 C.J.M., Purnea in Kasba P.s.case No.67 of 2010, 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 bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that - 2 - the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be 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 delays 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. Narendra/ ( Anjana Prakash, J. )