IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26244 of 2011 1. Rajan Sah & 2. Raju Sah both sons of Late Bishwanath Sah Versus The State Of Bihar ----------- For the petitioners : Sri Vijay Kumar Singh No.1, Advocate For the State : Mr. J. K. Singh, APP For the informant : Mr. Zainul Abedin, Advocate ------------ 3/ 30.09.2011 Supplementary affidavit on behalf of the petitioners is being filed. Let it be kept with the record. Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. Considering that there is no specific overt act alleged against the petitioners, who have fair antecedents, let them (1. Rajan Sah and 2. Raju Sah) be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Bagaha P.S. Case No.158 of 2011, subject to the 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 bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and, if 2 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 delay the trial in any manner, 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. The counsel for the informant submits that in fact the accused persons are threatening the informant. If such a complaint is found true by the court below, appropriate action shall be taken against the accused persons for cancellation of their bail. JA/- (Anjana Prakash,J.)