IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24081 of 2010 1. Mukti Mandal, S/o Devi Lal Mandal, 2. Tapsi Mandal, S/o devi Lal Mandal. Both are residents of Village- Nemua, P.S.- Andhramath, District- Madhubani. ……..Petitioners. Versus STATE OF BIHAR ----------- 3. 11.10.2010 Heard learned counsel for the petitioners and learned counsel for the State. 2. Petitioners are accused for offence punishable under sections 302/34 of the Penal Code as well as 27 of the Arms Act. 3. Learned counsel for the petitioners submits that the entire allegations are absolutely false and frivolous and they have been implicated due to political reasons as they have got no criminal antecedents. 4. Learned counsel for the petitioners further submits that there is general allegation of assault against three persons namely Ram Sagar Mandal, Tapsi Mandal and Mukti Mandal (petitioners), who after learning about their implications in the instant case surrendered on 16.03.2010. Learned counsel for the petitioners further submits that although the allegation was that the deceased was assaulted by fire arms, but the post-mortem report belies any fire arm being used. Learned counsel for the petitioners avers that other co-accused Ram Sagar Mandal against whom there was exactly similar allegations, has already been released on bail on the order of a Bench of this Court dated 20.08.2010 passed in Cr. Misc. No. 27930 of 2010. 5. Considering the aforesaid facts & circumstances of - 2 - the case, petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Andhramath P.S.Case No. 07 of 2010, subject to the conditions that (i) one of the bailors will be their close relatives of the petitioners, who will give affidavits giving genealogy as to how they are related with the petitioners. The bailors will undertake to furnish informations to the court about any change in the addresses of the petitioners, (ii) the affidavits shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) the bailors shall also state on affidavits that they 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 proceedings for cancellation of bail on the ground of misuse, (iv) the petitioners will give undertakings 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, (v) the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Sujit (S.N. Hussain, J.)