IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12112 of 2010 1. DHURI MANJHI s/o Late Arjun Manjhi 2. Chote Manjhi s/o Ramdev Manjhi Both are resident of village – Ball Usahari Bihta, P.S.- Bihar, District- Patna. … Petitioners. Versus STATE OF BIHAR ----------- 2. 04.08.2010 Heard counsel for the petitioners and counsel for the State. The prayer for bail of the petitioners was earlier rejected by an order dated 17.12.2009 in Cr. Misc. No. 42805 of 2009 with an observation that the trial of the petitioners be expedited. Counsel for the petitioners would submit that in course of such trial the victim prosecutrix was examined and she could not identify the petitioners. He has also pointed out that under similar circumstances, this Court has granted bail to co-accused Chaitu Manjhi and Mallu Manjhi by order dated 4.2.2010 in Cr.Misc. No. 2243 of 2010 and Binda Manjhi and Tikar Manjhi by an order dated 3.3.2010 in Cr. Misc. No. 6239 of 2010. Considering the aforementioned fresh material this court would also direct for release of the petitioners, namely, Dhuri Manjhi and Chote Manjhi on bail on their 2 furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of 1st Addl. Sessions Judge, Patna in connection with Bihta P. S. Case No. 340/05, S. Tr. No. 695/08, 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 affidavit 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) 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. (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. kanchan (Mihir Kumar Jha, J.)