IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16555 of 2010 1. LALA RAI SON OF LATE PATHAR RAI 2. SURENDRA RAI SON OF LATE YADU RAI Versus THE STATE OF BIHAR ----------- 2. 18.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 452, 307, 302 and 201 of the Indian Penal Code and 27 of the Arms Act. By an order dated 25.11.2009 vide Cr.Misc.No.39995 of 2009, the petitioners were refused bail at that stage considering that they had remained absconding for a number of years. Considering that there is no specific overt-act against the petitioners and now the case has been committed to the court of Sessions and even charges have been framed, let the petitioners above named 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 1st Additional Sessions Judge-cum-F.T.C., Vaishali at Hajipur in S.Tr.No.375 of 2009 arising out of Raghopur P.S.case No.93 of 2002, 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 affidavit shall clearly state that the - 2 - petitioners are not an accused in any other case and if they are they shall not be 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 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. Narendra/ ( Anjana Prakash, J. )