IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8128 of 2010 MD.SAYEEM son of Sadik Versus STATE OF BIHAR With Cr. Misc. No. 8428 of 2010 RAM BABU SAH s/o Bunni Sah Versus THE STATE OF BIHAR ----------- 6/ 23.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 341, 323, 325, 302/34 of the Indian Penal Code. The prosecution case is that the informant’s brother was sleeping along with some persons and was found dead there. When the informant went there, he was informed by one Shiv Shanker Das and Munna Kumar, the uncle of the informant, that the deceased had been taken away by Sukhdeo Sah, Arun Sah, Priya Narain Sah, Brahamdeo Sah and thereafter accused Sukhdeo Sah is said to have shot at the deceased and the rest accused assaulted him with lathis. Petitioners’ names are not mentioned in the First Information Report. Thereafter, said Shiv Shanker Das was examined on 7.12.2007 and 11.12.2007, but again he does not disclose the name of the present petitioners and thereafter when he was again examined on 22.10.2008, he named the petitioners as being involved in the occurrence. Submission is that this belated statement is not reliable. In view of such, let the petitioners, above named, who are in custody since 4.12.2009, be released on bail on furnishing bail bond - 2 - of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Jai Nagar P.S. Case No.242 of 2007, 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 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. JA/- (Anjana Prakash, J.)