IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1139 of 2011 1. NAVIN MUKHIYA 2. ARBIND MUKHIYA BOTH S/O RAM LAKHAN MUKHIYA R/O VILLAGE-RERDA, P.S.- BIRAUL, DISTRICT- DARBHANGA Versus THE STATE OF BIHAR ----------- 2. 06.04.2011 The petitioner was refused bail by an order dated 27.9.2010 vide Cr. Misc. No. 26605 of 2010 since had remained absconding but they were granted to liberty to renew their prayer for bail after framing of charge. It has been submitted that the charges were framed against the petitioners on 26.11.2010 and, therefore they deserve to be released on bail. Considering that there is no specific overt alleged against the petitioners and they have no criminal antecedents, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned A.D.J. F.T.C. Banipur, Darbhanga in connection with Beraul P.S. Case No. 43/2003, subject to the conditions, (i) That one of the bailor will be a close relative of the 2 petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailors shall be the mother/sister/wife of the petitioners. The bailors will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is 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 petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J.)