IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7893 of 2010 BHUNESHWAR PANDEY, S/o Late Pujan Pandey. Versus THE STATE OF BIHAR with Cr.Misc. No.7955 of 2010 1. BHOJ PATEL, S/o Late Ramchhatri Patel. 2. Hargun Mukhiya, S/o Late Chandar Mukhiya. Versus THE STATE OF BIHAR with Cr.Misc. No.8138 of 2010 HARENDRA PANDEY, S/o Late Gheban Pandey. Versus THE STATE OF BIHAR ----------- 02. 09.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 333, 353, 307 and 302 of the Indian Penal Code. It has been submitted that the occurrence took place when two groups of people asserted their rights over a piece of land and when the police tried to intervene, petitioner Harendra Pandey ordered upon which co-accused Sanjay fired, due to which one police constable subsequently died. In view of the fact that there is no specific overt act against the petitioners and the petitioner of - 2 - Cr. Misc. No. 7893 of 2010 is in custody since 23.11.2009, petitioners of Cr. Misc. No. 7955 of 2010 are in custody since 27.11.2009 and 03.12.2009 respectively and petitioner of Cr. Misc. No. 8138 of 2010 is in custody since 11.11.2009, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 99 of 2009 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. (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 - 3 - charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)