IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35849 of 2009 1. CHANDESHWAR SAH, SON OF BISHWANATH SAH 2. SUNIL SAH, SON OF LATE RAMBABU SAH Versus STATE OF BIHAR ----------- 3. 16/02/2010 Heard learned Counsel for the petitioners, learned counsel for the Informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 341, 323,324, 379, 307, 504 and 34 of the Indian Penal Code. Taking into consideration the fact that there is land dispute between the parties and the occurrence took place in course of altercation and the submission is that no offence under Section 307 I.P.C. would be made out in the facts of the case, let the petitioners above named, who are in custody since 25.8.2009, 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 Sub Divisional Judicial Magistrate, Pupri at Sitamarhi, in connection with Pupri P.S. Case No. 140 of 2009 subject to the following 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. (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 2 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv)That the petitioners will be well represented on each date and if he fails to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali (Anjana Prakash, J.)