IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.29403 of 2009 1. MAHENDRA DAS son of Gulten Das, 2. Bhajan Das @ Ram Bhajan Das son of Anand Das, 3. Ramashish Das, son of Mahendra Das & 4. Mohan Das son of Mahendra Das Versus STATE OF BIHAR ----------- 5/ 18.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 147, 148, 149, 323, 307 of the Indian Penal Code. Taking into consideration the fact that on account of land dispute both the parties clashed between each other and counter case was instituted by the petitioner no.1, whose wife was injured in the transaction, wherein, petitioner nos. 3 and 4 were also injured and the submission that in the facts of the case no offence under section 307 of the Indian Penal Code would be made out, 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, Madhubani, in connection with Pandaul P.S. case no.100 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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 (iii) that the - 2 - petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)