IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9772 of 2010 TINKU LALA @ TINKU LAL, SON OF ASHULAL @ ASHUTOSH PRASAD LAL Versus STATE OF BIHAR with Cr.Misc. No.9956 of 2010 MD. RAHMAN, SON OF MD. LALE DHOBI Versus THE STATE OF BIHAR ----------- 2. 18/03/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 327, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that the injured were not aimed at by the accused persons and she was accidentally hit in the cross firing and the submission is that in the facts of the case, no offence under Sections 307 of the Indian Penal Code would be made out, let the petitioners above named, who are in custody since 27.1.2010 and 10.12.2009 respectively, 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 Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S. Case No. 462 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. (ii)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 - 2 - 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 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. (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. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Superintendent of Police, Bhagalpur, within fifteen days of their release with a copy of this order and thereafter every two weeks for the next six months. The conduct of the petitioners will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. S.Ali (Anjana Prakash, J.)