IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12082 of 2010 1. SANTOSH UPADHYAYA 2. ARUN KUMAR UPADHYAYA, BOTH SONS OF LATE RAM PRAVESH UPADHYAYA Versus STATE OF BIHAR ----------- 2. 20.4.2010 Heard learned Counsel for the petitioners, the State and the informant. The petitioners seek bail in a case instituted for the offence under Sections 324, 504/34, 308, 325, 342, 341 and 323 of the Indian Penal Code. The prosecution case is that the petitioners, who happen to be the full brother of the injured, variously assaulted the injured with Rami and garasi. The petitioner no.2 is also said to have brought out a pistol for committing murder of the injured. The submission is that the injuries have been caused on the lower extremities and if the prosecution case is believed that the petitioner no.2 had brought out a pistol, there being no intervening circumstance, had the intention been to kill it could have been used for firing and causing death. In view of the earlier litigation between the parties, let the petitioners above named, who are in custody since 18.1.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Rohtas at Sasaram in Darihat P.S.case No.3 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 - 2 - 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 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, (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iv) 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. In view of nature of allegations against the petitioners, the petitioners are directed to appear before the Superintendent of Police, Rohtas at Sasaram within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. In case the petitioners have found to be tampering with - 3 - the prosecution evidence, a report about the same shall be made to the court below, who will then hold an enquiry in the matter. Narendra/ ( Anjana Prakash, J. )