IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40610 of 2010 1.ALOK RAI 2.SUMARAN RAI, BOTH SONS OF SHANKAR RAI, RESIDENT OF VILLAGE AKBARPUR CHALISA,P.S.SAMHO,DISTT.BEGUSARAI Versus THE STATE OF BIHAR For the petitioner : Mr. Ajay Kumar Thakur For the State : Mr. Addl.P.P. ----------- 2/ 10.11.2010 Heard learned counsel for the parties. The petitioners seek bail in a case which has been registered for offences under Sections 302 and 201/34 of the Indian Penal Code against 4- 5 unknown persons after recovery of dead body of the informant cousin Munna Rai. Submission is that nobody has seen the occurrence and the deceased was a veteran criminal who has committed murder of Rajniti Singh in which case father of the petitioner is a witness. Similarly Baiju Chaudhary and other committed the murder of Jugal Jha in which also the father of the petitioner is a witness and due to the said reasons, the petitioners have been implicated in this case. The name of the petitioners has come during investigation at belated stage. Further submission is that similarly situated co-accused Ram Kumar Rai has been admitted to bail by a Bench of this Court on 11.8.2010 Vide Cr.Misc. No. 20540 of 2010(annexure-2 page 15). Considering the facts and circumstances of the case, let the above named petitioners be 2 released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in Samho P.S.Case No. 02 of 2010 subject to the following conditions (i) That one the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will undertake to furnish information to the court about any change in address of the petitioners. (ii) That the affidavits 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 bailors shall also state on affidavit that they 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will 3 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. Tahir/- ( Shyam Kishore Sharma, J. )