IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15558 of 2010 1. MD.RAJUWA @ RIYAZ @ MD.RAJUWA SHEKH, SON OF LATE MD. HALIM 2. MD. RAHMAN @ MD. RAHMAN SHEKH, SON OF MD. SUBHAN Versus THE STATE OF BIHAR ----------- 2. 13.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 144, 436, 379, 380, 429 and 295A of the Indian Penal Code. Initially a case of communal riot was filed against the petitioners on 27.11.89 but final report was submitted in the matter. Thereafter, 17 years later, on the orders of the Government, the case had been re opened and the petitioners have been once again made accused in the case. In view of such, let the petitioners above named, who are in custody since 11.2.2010 and 19.1.2010 respectively, 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, Bhagalpur, in Nathnagar (Kajraili) P.S. Case No. 263 of 1989 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. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (ii)That the affidavit 2 shall clearly state that the petitioners are not an 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 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. (v) 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. S.Ali ( Anjana Prakash, J.)