IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7259 of 2010 1. JANARDAN KUNWAR S/O LATE SHIO KUMAR KUNWAR 2. BANGALI KUNWAR S/O SRI KAILASH KUNWAR 3. MANJEE KUNWAR S/O SRI AMBIKA KUNWAR Versus THE STATE OF BIHAR ----------- 2. 5.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 341, 342, 323, 504 and 406 of the Indian Penal Code. The prosecution case is that the accused persons came and tried to obstruct the construction, which was being carried out by the informant. No charge sheet has been submitted u/s.384 of the I.P.C. It has been submitted that where the petitioner no.1 is concerned; he is an accused in one case of the year 1991, whereas the petitioner nos.2 and 3 have clean antecedents. Under the circumstances, let the petitioners above named, who are in custody since 1.12.2010, 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., Buxar in Bhahmpur P.S.case No.190 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, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in - 2 - 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 and (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )