IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17159 of 2010 SUJIT KUMAR, S/o Bharat Sah. Versus THE STATE OF BIHAR with Cr.Misc. No.22518 of 2010 RANJIT KUMAR, S/o Ambika Sah. Versus THE STATE OF BIHAR ---------- 03. 05.10.2010 Learned counsel for the petitioners is permitted to make necessary correction in the prayer for portion of the bail application. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302 and 394 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information Report and subsequently when co-accused Ashok Sah was arrested he confessed that the petitioners have participated in the occurrence but firing had been done by the co-accused, Kamlesh. It has specifically been asserted that the petitioners have no criminal antecedents. In view of such, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-IV, West 2 Champaran, Bettiah in connection with S.Tr. No. 222 of 2009 arising out of Bettiah Town P.S. Case No. 347 of 2009 subject to the following 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 and the other bailor shall be the father/brother of the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That 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 bailor shall also state on 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. (iv) 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. (v) 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. 3 The fact that the petitioners have no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioners on bail. Vikash/- (Anjana Prakash, J.)