IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45932 of 2009 1. HIRDAY NARAYAN MANDAL, S/O LATE SANT LAL MANDAL 2. BHOLA MANDAL @ BIBHASH MANDAL, S/O LATE ANANDI MANDAL 3. PRABHU MANDAL, S/O ANANDI MANDAL 4. PRAMOD MANDAL, S/O CHUCHUN MANDAL ALL RESIDENTS OF VILLAGE KIRANPUR, P.S. SHAMBHUGANJ, DISTRICT BANKA .. Petitioners Versus STATE OF BIHAR .. Opposite Party **** /2/ 08.01.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 302 and other allied sections of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that the petitioners even though were part of an unlawful assembly, but, the allegation of being laced with fired arm is upon co- accused, Pappu Mandal, and the death of the deceased is on account of fire arm injury, let the petitioners, above named, who is in custody since October, 2009, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Shambhuganj P.S. Case No. 96 of 2009 to the satisfaction of the Chief Judicial Magistrate, Banka, on the 2 conditions (i) that one of the bailors will be a close relative of each 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 petitioner(s) is/are implicated in any other case of similar nature after his/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 (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 he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)