IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.26462 of 2010 1. ANAND UPADHYAY, 2. Chandra Shekhar Upadhyay Both are son of Harimadho Upadhyay & 3. Hari Madho Upadhyay, son of Baban Upadhyay Versus UNION OF INDIA & ANR ----------- 2/ 10.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 341, 323, 324, 325, 379, 504/34 of the Indian Penal Code, 25(1-B),26,35 of the Arms Act and section 18, 22, 20 of the NDPS Act. It has been submitted that even though there is allegation that the petitioner no.1 threw brick bat on the informant but simple injury was sustained by the informant on account of it. Considering that the petitioners are in custody since 6.2.2010 having no criminal antecedent and the seizure of Ganja was not made from the conscious possession of the petitioners, let the petitioners, above named, 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 Special Judge, Motihari, East Champaran, in connection with Phadhpur P.S. Case No. 25 of 2010, 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 bailors 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 - 2 - 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 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, 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. The fact that the petitioners have no criminal antecedents will be verified by the Magistrate before releasing the petitioners on bail. JA/- (Anjana Prakash, J.)