IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21514 of 2010 1. RAKESH RAI s/o Jaleshwar Rai & 2. Raj Kumar Ram @ Raju Kumar Ram @ Raju Ram S/o Ganesh Ram Versus THE STATE OF BIHAR ----------- 3/ 13.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. It has been submitted that the petitioners were ordered to be released on bail on merits by order dated 20.4.2010 vide Cr. Misc. No. 6252 of 2010, but verification was to be made that the petitioners are accused in only two other cases besides the present one. During verification, it is found that the petitioner no.1 is accused in three cases and not in two cases and so, the petitioners could not be released on bail. It appears that in the previous order reference has been made to Ekma P.S. Case No.82 of 2008, whereas, it should have been Ekma P.S. Case No.89 of 2008. However, considering the nature of allegation, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Amnour P.S. Case No.18 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 giving genealogy as to how he is related with the petitioners and the other bailor shall be the father of the - 2 - petitioners. The bailors 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 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. JA/- (Anjana Prakash, J.)