IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38225 of 2010 1. ABDUL SAMAD SON OF MD. MUSLIM 2. MD. ASLAM SON OF ABDUL GAFOOR 3. ABDUL MAJID SON OF MILLIYAS @ HAHANGIR 4. NAZIR ALAM @ M. GULAB SON OF JAMSHED ALAM 5. EAHSHANULLAH @ EAHSHAN MAULVI SON OF LATE SAMSHUL HAQUE Versus STATE OF BIHAR ----------- 2. 8.11.2010 Heard learned Counsel for the petitioners, the State and the informant. The petitioners seek bail in a case instituted for the offence u/ss.147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code. Considering that there is no specific overt act alleged against the petitioners and they are in custody since 8.7.2010 having fair antecedents, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of S.D.J.M., Pupri, Sitamarhi in Bajpatti P.S. case No.108 of 2010, subject to the conditions (i) That one of the bailor 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 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 2 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 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 delay 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 if they fail to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )