IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27269 of 2009 GANDHI OJHA SON OF HARI SHANKAR OJHA, RESIDENT OF VILL. PANAILA, P.S. KARGAHAR (BARAHARI), DIST. ROHTAS … PETITIONER Versus STATE OF BIHAR with Cr.Misc. No.29402 of 2009 MUNNA MISHRA @ RAM AWTAR MISHRA S/O LATE BISHWANATH MISHRA, RESIDENT OF VILLAGE SIMARI, P.S. CHENARI, DIST. ROHTAS (SASARAM) ….. PETITIONER Versus STATE OF BIHAR ----------- 4. 4.11.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 386, 302, 120B of the Indian Penal Code and 27 of the Arms Act as well as Section 3 & 4 of the Explosive Substance Act. The submission is that the petitioners are not named in the first information report and the specific allegation of firing is against co-accused Dhanjee Pandey and Ranjit Yadav. In course of investigation, it transpired that the co-accused Dhanjee Pandey used to threaten the deceased and said that his group of whom one of them was the petitioners could do anything against him and therefore he should accede to the demands of Rangdari. However the final occurrence was not executed by the petitioners. Under the circumstances, let the petitioners above named, who are in custody since 8.12.2008 and 17.2.2009 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two 2 sureties of the like amount each to the satisfaction of Additional Sessions Judge IV, Sasaram in connection with S.T.No.139 of 2009 arising out of Chenari P.S.case No.5 of 2008, 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, (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 and (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 delays the trial in any manner then their bail will be liable to be cancelled for reasons of misuse. The Officer Incharge of Kargahar (Barahari) P.S. (In Cr.Misc.No.27269 of 2009) and Officer Incharge of Chenari P.S. (In Cr.Misc.No.29402 of 2009) will also keep watch upon the petitioners for the next six months after their release from custody and thereafter submit a certificate at the end of six months to the court below about the conduct of the petitioners. The court below is directed to make available a copy to the O/c Chenari P.S. Narendra/ ( Anjana Prakash, J. )