IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8110 of 2010 1. SOHAN SADA, S/O RAMCHANDRA SADA 2. GANESH SADA @ GANESHI SADA, S/O LATE RAM BADAN SADA 3. MAHESH SADA, S/O RAM CHANDRA SADA @ CHANDRA SADA 4. RAMCHANDRA SADA @ CHANDRA SADA, S/O BHADAI SADA 5. LAKHAN SADA, S/O CHHATHU SADA Versus THE STATE OF BIHAR **** /2/ 10.03.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 323, 307, 504 and 302 of the Indian Penal Code. 3. Taking into consideration the fact that a minor occurrence led to assault and from the narrative of the first information report it has been submitted that there was no intention to commit the death of the deceased, who died four days after the occurrence, let the petitioners, above named, who are in custody since 18.09.2009 be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Bakhari P.S. Case No. 106 of 2009 to the satisfaction of the Chief Judicial Magistrate, Begusarai, on the conditions (i) that one of the bailors will be a close relative of each 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 2 petitioner(s) is/are not an accused in any other case and if he/they is/are, he/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 petitioner(s) is/are implicated in any other case of similar nature after his/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 delay the trial in any manner then their bail will be liable to be cancelled for reasons of misuse and (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. S.A. (Anjana Prakash, J.)