IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9077 of 2010 1. VIJAY KUMAR PRASAD, SON OF LATE SAKALDEEP PRASAD 2. CHANDRAMA PRASAD, SON OF LATE SAKALDEEP PRASAD 3. MANTO PRASAD, SON OF SHRI CHANDRAMA PRASAD Versus STATE OF BIHAR ----------- 3. 04/05/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 452, 307, 302, 323, 324, 427 and 380 of the Indian Penal Code. The prosecution case is that on account of a minor dispute, the parties quarreled with each other and the specific overt act against the petitioners No. 1 and 2 is that they ordered whereas petitioner No. 3 assaulted with his legs but death has been caused on account of head injuries which is attributed to Ajay Kumar @ Mantoo and laxman prasad. In view of such, 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 to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in Chapra Town P.S. Case No. 276 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. The bailor will undertake to - 2 - furnish information to the court about any change in address of 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 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. It has been submitted that the petitioner No. 1 had died in jail custody and, therefore, the application against him may be permitted to be withdrawn. S.Ali (Anjana Prakash, J.)