IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3873 of 2010 1. Rameshwar Tiwari, Son of Late Kedar Tiwari. 2. Niraj Tiwari, Son of Ramchandra Tiwari. All residents of Village- Kathaura, P.S. Sonhan, District- Kaimur at Bhabua................................................Petitioners. Versus THE STATE OF BIHAR...............................Opposite Party. ----------- 2. 15.02.2010. Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149,302,323 and 324 of the Indian Penal Code. Taking into consideration the fact that on account of land dispute this occurrence took place wherein there is general allegation against nine persons of having assaulted the deceased, let the petitioners above named who are in custody since 18.09.2009 and have no criminal antecedent, 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 the learned C.J.M., Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 348 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 affidavit shall clearly state that the petitioners are not 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 2 concerned if the petitioners are implicated in 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 of bail, (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 and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. U.K. (Anjana Prakash,J)