IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42465 of 2009 1. SUBELAL SAH SON OF GIRIJA SAH 2. DINESH SAH SON OF SUBELAL SAH 3. LAL BABU SAH SON OF SUKHLAL SAH 4. SHITAL SAH SON OF GIRIJA SAH ALL ARE RESIDENT OF VILLAGE-VISHANPUR MUNAR, P.S. SAKARA, DISTT. MUZAFFARPUR. -------- PETITIONERS. Versus STATE OF BIHAR ----------- 2. 08/12/2009 Heard learned Counsel for the petitioner and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 447, 323, 325, 504, 302, 341, 342 and 307 of the Indian Penal Code. Taking into consideration the fact that on account of a minor dispute between the parties, a fight took place in which both sides instituted cases against each other and in the said altercation, the petitioners no doubt assaulted the deceased but the submission is that, in the facts of the case, it would not a case under Section 302 I.P.C., let the petitioners above named, who are in custody since 17.7.2009 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, Muzaffarpur, in connection with Sakra P.S. Case No. 255 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 2 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)