IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43972 of 2009 1. GAFOOR MIAN, S/o Juma Mian 2. Ilmuddin Mian son of Late Azim Mian 3. Hakim Mian @ Hakeem Mian Son of late Azim Mian Versus THE STATE OF BIHAR ----------- 2 17.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 326, 307, 302 and 120B/34 of the Indian Penal Code. Taking into consideration the fact that there is no allegation of having thrown the acid upon the present petitioners and only allegation against them is that they were sitting outside the hut of the informant on a “Bathan”, 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 C.J.M., West Champaran at Bettiah in connection with Sathi P.S.case No. 76 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the bailor shall also stated on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his released in the present 2 case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Spd/- (Anjana Prakash, J.)