IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43770 of 2010 1. BALLU SINGH @ BALI RAM SINGH s/o Sri Rajendra Singh Singh, 2. Vivek Singh s/o Akhilesh Singh. 3. Lallan Singh S/o Karu Singh 4. Mantu Singh S/o Surender Singh all r/o Vill-Eru P.s. Wazirganj, Distt. Gaya. Versus THE STATE OF BIHAR For the Petitioner : Mr. Amresh Kumar Sinha Adv. For the State : Mr. Nasim Yahiya A.P.P ----------- 2 14.12.2010 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 302, 307,323,452,379 and 34 of the Indian Penal Code. According to the allegation in the First Information Report these petitioners were part of the unlawful assembly of eleven persons who have assaulted the deceased and on account of which he sustained four injuries and died. Learned counsel submits that by order contained in Annexure-2 similar situated co-accused namely Sunil Singh@ Bhushan Singh, Akhilesh Singh and Chandan Singh have been granted bail by a Bench of this Court on 13.05.2010 by an order passed in Cr. Misc. 10021 of 2010. Learned counsel further contend that another co-accused Surendra singh had also been granted bail by a bench of this Court on 8.12.2010 by an order passed in Cr. Misc. Case No. 37628 of 2010. However, it is submitted that there is no specific allegation against these petitioners. 2 Having regard to the facts and the circumstances of the case, the petitioners namely Ballu Sing@ Bali Ram Singh , Vivek Singh, Lallan Singh and Mantu Singh, directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 246 of 2009, with a further conditions (i) that one of the bailors will be the father/mother or a close relative of the petitioners, who will give an affidavit giving complete genealogy as to how he or she is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also state on affidavit that he or she 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,(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, and (iv) that 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. Prakash ( Dr. Ravi Ranjan, J)