IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45045 of 2009 NAND KUMAR @ NAND KUMAR SINGH S/O SHREE DINESHWAR SINGH Versus STATE OF BIAHR With Cr.Misc. No.46553 of 2009 KASHI NATH SON OF BISHWANATH MAHTO Versus STATE OF BIHAR ----------- 2. 6.1.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 121, 121A, 124, 414/34 of the Indian Penal Cod and 17 of the C.L.A. Act. Taking into consideration the fact that no incriminating article was recovered from the possession of the petitioners and they have no criminal antecedents, let the petitioners, above named, who are in custody since 6.8.2009, 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 Sri Rajiv Nayan, Judicial Magistrate Ist class, Danapur, Patna in Paliganj P.S.case No.177 of 2009 (In Cr.Misc.No.45045 of 2009) and A.C.J.M., Danapur in Paliganj P.S.case No.177 of 2009 (In Cr.Misc.No.46553 of 2009), subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be - 2 - released on bail, (iii) 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 and (iv) 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. )