IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28564 of 2010 BIRENDRA RAI S/O SHIV BARAN RAI Versus STATE OF BIHAR with Cr.Misc. No.31160 of 2010 JITU RAI S/O SRI SUKAN RAI Versus STATE OF BIHAR ----------- 2. 24.08.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. It has been submitted that the petitioners are not named in the First Information wherein specific overt act is alleged against the co-accused persons mentioned therein but subsequently they were named by some eye-witnesses being present on the occurrence. It has also been submitted that there is no explanation as to why the petitioners’ names were not disclosed at an earlier point in time, even though they were co-villagers. Considering the same, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned 2 to the satisfaction of S.D.J.M., Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 131/2009, subject to the conditions, (i) That one of the bailor 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 affidavit shall clearly state that the petitioner are not an accused in any other case and if 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 his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (v) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )