IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3329 of 2010 1. GOUTAM KUMAR JHA, S/O SHRI ADITYA KUMAR JHA 2. SANNI KUMAR JHA @ BAMBAM JHA, S/O NISHIKANT JHA Versus STATE OF BIHAR **** /2/ 11.02.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 302 and other allied sections of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that that the petitioners are merely members of the mob and the specific overt act of having fired at the deceased is upon co-accused, Dharmendra Singh @ Kamando, let the petitioners, above named, who is in custody since 24.11.2009 and has no criminal antecedent be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Sanhaulla P.S. Case No. 101 of 2008 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, on the conditions (i) that one of the bailors will be a close relative of each 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(s) is/are not 2 an accused in any other case and if he/they is/are, he/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 petitioner(s) is/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 the ground of misuse and (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 then their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)