IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41325 of 2009 1.SANJAY HEMBRAM, son of late Jetha Hembram, Resident of village Dubatiya, P.S.Barhat, District Jamui 2.PAPPU MARANDI, son of late Loba Marandi, Resident of village Tharhi, P.S.Laxmipur District Jamui-----------------------petitioners Versus THE STATE OF BIHAR---------------------opp.party ----------- 2. 01.12.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 399, 402, 353, 307, 414 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that there is no specific overt act against the petitioners who were apprehended after the occurrence in the vicinity and remanded in the present case on suspicion since from the possession of petitioner no.1 a Mobile was recovered but no incriminating articles were recovered from either of the petitioners, let the petitioners, who are in custody since 7.5.2009 be released on bail on furnishing bail bonds of Rs.5000/- (Rupees five 2 thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Laxmipur P.S.Case No. 51/2009 on the following conditions :- (1) 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, (2) 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, (3) 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 delays the trial in 3 any manner, their bail will be liable to be cancelled for reasons of misuse & (4) 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. (Anjana Prakash) Spal/