IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14138 of 2010 1. MD. SULEMAN & 2. Musfique Both sons of Phurkan Versus THE STATE OF BIHAR ----------- 2/ 04.05.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. Considering that the only allegation against the petitioner no.1 is of having given orders and with regard to petitioner no.2, it is alleged that he is merely a member of the mob and there is no allegation of any assault made by him, let the petitioners, above named, who are in custody since 10.02.2010, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Amour P.S. case no.07 of 2010, subject to the conditions 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. The bailor will undertake to furnish information to the court about any change in the address of 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 concerned if the petitioners are implicated in any other case of similar nature after their release in the - 2 - present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse,(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, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)