IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37044 of 2009 1. UPENDRA SAO SON OF SRI RAM SWARUP SAO, RESIDENT OF VILLAGE HARCHANDA, P.S. KANTI, DISTRICT MUZAFFARPUR 2. AKHILESH KUMAR SON OF SRI SUKHDEO YADAV, RESIDENT OF VILLAGE CHAPUAT, P.S. MASARUHI, DISTRICT PATNA … PETITIONERS Versus STATE OF BIHAR ----------- 2. 3.11.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 420, 270, 273/34 of the Indian Penal Code and 47(A)(G)(F) of Excise Act. Taking into consideration the submissions that the petitioners are labourers and are first offenders and are in custody since 10.9.2009, let the petitioner 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, Patna in connection with Gopalpur P.S.case No.81 of 2009, 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 and (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 2 thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. Narendra/ ( Anjana Prakash, J. )