IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5292 of 2010 1. RAJENDRA SADA SON OF RAMESHWAR SADA 2. SATYA NARAYAN SADA SON OF RAMESHWAR SADA 3. RAMDEO SADA SON OF RAMOTAR SADA Versus STATE OF BIHAR ----------- 2. 24.2.2010 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, 307, 353, 398 of the Indian Penal Code and 27 of the Arms Act as well as 17 and 18 of the C.L.A. Act. In the first information report as many as 18 named and 20-25 unknown persons were mentioned as miscreants, who generally fired at the police party. However none of the police personnel sustained any injury and it was on the side of the miscreants that one person Ranbir Sada @ Arbind Sada was killed. The submission is that there is no specific overt-act against the petitioners even though they have been mentioned in the first information report by one of the witnesses of the village. The submission is also that the petitioners do not belong to any extremist group and besides the present case they are accused in only one other case of minor offences, which is mentioned in paragraph 14 of the petition. Taking into consideration the aforementioned facts as also that the petitioners have remained in custody since - 2 - 22.11.2009, 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 Chief Judicial Magistrate, Khagaria in Khagaria (Gangaur) P.S.case No.88 of 2008, 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, (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 proceeding for cancellation of bail on the ground of misuse of bail and (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )