IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19638 of 2010 1. RAM BILAS MANJHI 2. Dilip Mandal 3. Mohan Kapri Versus STATE OF BIHAR ----------- 2. 15.6.2010. Heard learned counsel appearing on behalf of the petitioners and the State. Petitioners are accused in a case arising from Doraiya P.S.Case No.121 of 2009 for the offence punishable under Sections 147, 148, 149, 341, 323, 307 of the Indian penal Code and subsequently, section 302 of the Indian Penal Code was added. Learned counsel for the petitioners submits that the altercation took place as a result of civil dispute between the parties as regarding the irrigation of the agricultural land. He submits that there is specific allegation against one Anup Lal Manjhi of assaulting the deceased by means of Garasa and by reason of injury on head, he had expired. He submits that whereas there is no specific allegation as against petitioners Ram Bilas Manjhi and Mohan Kapri, Dilip Mandal has been attributed the role of an order giver. He submits that the petitioners have been charged 2 in a general manner of assaulting the deceased. He with reference to the order passed in Cr.Misc.No.5005 of 2010 and Cr.Misc.No.6777 of 2010 dated 22.2.2010 (Annexure-2) submits that the case of the petitioners is on same and similar footing. Having regard to the submissions aforesaid, let petitioners (1) Ram Bilas Manjhi, (2) Dilip Mandal and (3) Mohan Kapri be released on bail on individually furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional sessions Judge, F.T.C.V, Banka 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 petitioner, (ii) that the bailors 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 their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail bonds on the ground of misuse, and (iii) that the petitioners 3 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 bonds will be liable to be cancelled for reasons of misuse. ahk (Jyoti Saran, J.)