IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40199 of 2010 1. MD.ISRAFUL son of Md. Arif resident of village Bhagalpur, P.S. Birpur District-Supaul 2. Shambhu Mahatman sonof late Ram Prasad Mahatman is resident of village- Bhawanipur, P.S. Birpur Versus STATE OF BIHAR ------ 2 9.11.2010 Heard learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the State. Petitioners are in custody in connection with Birpur P.S. Case No.21 of 2010 for the offence punishable under Sections 147, 148, 149,323,307,353,386,427,109,337 and 120B of the Indian Penal Code. The allegation against these petitioners is of being member of 3000 strong mob which indulged in arson and destruction of the Government property. Learned counsel for the petitioners submits that except that the petitioners have been named in the F.I.R., no specific overt act has been attributed to him and in similar circumstances some accused persons have been granted bail by this Court in Cr.Misc. No. 21357 of 2010 and Cr.Misc. No. 21593 of 2010 vide order dated 29.6.2010, copy whereof is placed at Annexure-2 of this - 2 - application. Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioners Md. Israful and Shambhu Mahatman be released on bail upon each of them individually furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Birpur, District- Supaul in connection with Birpur P.S. Case No. 21 of 2010 subject to the conditions, (i) That one of the bailor 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 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 his release in the present case and thereafter the court below will be - 3 - at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) 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, his bail will be liable to be cancelled for reasons of misuse. Bibhash (Jyoti Saran,J.)