IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25731 of 2010 1. RAGHUBIR SAHANI S/O RAJENDRA SAHANI 2. RANJEET SAHANI S/O YOGI SAHANI 3. SRISHTHA SAHANI S/O BUJANGI SAHANI Versus THE STATE OF BIHAR ----------- 2. 30.7.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 447, 323, 302 and 304 of the Indian Penal Code. Considering that the occurrence took place on account of minor altercation between the parties and even though there is an allegation that thirteen persons assaulted, there is no specific overt act against any of the accused persons, let the petitioner, be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate Sikrahana Motihari East Champaran, in connection with Phenhara P.S. case no. 12/2009, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners, who will give an affidavit 2 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 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, (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 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. Fahad. (Anjana Prakash, J)