IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46482 of 2009 1. REHAI RAUT SON OF KAROO RAUT 2. RANJEET RAUT @ RANJEET KUMAR SON OF RAMJATAN RAUT. 3. TUNTUN RAUT, SON OF BHONU RAUT 4. BHUSHAN RAUT, SON OF BHONU RAUT Versus STATE OF BIHAR ----------- 2. 12/01/2010 Heard learned Counsel for the petitioner, learned counsel for the Informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that the petitioners are merely members of unlawful assembly whereas the specific overt act is assigned to co-accused Ashwani Kumar, Dilip Raut, Upendra Raut and Santosh Kumar, let the petitioners above named, who are in custody since 17.8.2009, 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 Chief Judicial Magistrate, Barh, in connection with Belchhi P.S. Case No. 39 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 2 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. (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. S.Ali (Anjana Prakash, J.)