IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46158 of 2009 1. ISHWAR VISHWAKARMA, S/o Rameshwar Vishwakarma. 2. Pankaj Vishwakarma @ Pankaj Kumar, S/o Ishwar Vishwakarma. 3. Sonu Kumar @ Sonu Vishwakarma, S/o Ishwar Vishwakarma. 4. Anil Vishwakarma, S/o Chandrika Vishwakarma. Versus THE STATE OF BIHAR ----------- 02. 19.02.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 341, 323, 504, 448 and 307/34 of the Indian Penal Code. It has been submitted that there is no intervening circumstance despite which assault was not carried any further and the dispute was on account of missing mobile which was the bone of contention between the parties and there was no intent to commit murder. In view of such, let the petitioners above named who are in custody since 03.11.2009 and have no criminal antecedents be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawadah in - 2 - connection with Govindpur P.S. Case No. 22 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 affidavit shall clearly state that the petitioners are not 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. Vikash/- (Anjana Prakash, J.)