IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11914 of 2010 1. SANTOSH SAH son of Lakhindra Sah, 2. Dinesh Sah son of Bindeshwar Sah, 3. Indal Sah son of Shankar Sah, & 4. Nathuni Rai son of Late Satan Rai Versus STATE OF BIHAR ----------- For the petitioner : Mr. Uma Shanker Verma, Advocate For the State : A.P.P. ------------ 2/ 19.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 121 of the Indian Penal Code and section 17 of the Criminal Law Amendment Act. The petitioners were arrested when they were part of the gathering which allegedly tried to commit acts to dislodge the government. However, the petitioners were searched but there was no recovery from their possession. It has been submitted that the petitioners have no criminal antecedent. In view of such, let the petitioners, above named, who are in custody since 11.1.2010, 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, Muzaffarpur, in connection with Sewaipatti P.S. case no.03 of 2010, 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii)that the affidavit shall clearly state that the petitioners - 2 - 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 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. JA/- (Anjana Prakash, J.)