IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8083 of 2010 1. GULAB MUKHIA SON OF YOGENDRA MUKHIA 2. MD. ISLAM @ GUDARI SON OF MD. HABIB 3. MD. ASHLAM SON OF MD. ISLAM 4. MD. KALAM SON OF MD. YASIN Versus STATE OF BIHAR ----------- 2. 9.3.2010 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, 342, 323, 307, 379, 436 and 504 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that there is no specific overt-act against the petitioners which act is alleged upon co-accused Sintu and Pintu and even though 100 rounds were said to have been fired only the informant has received injuries, let the petitioners above named, who are in custody since 28.1.2010, 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 Chief Judicial Magistrate, Saharsa in Nauhatta P.S.case No.66 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitionerswho will give an affidavit giving genealogy as to how he is related with 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 - 2 - 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 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. Narendra/ ( Anjana Prakash, J. )