IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33045 of 2011 1. Shivji Mahto @ Sheojee Mahto son of Rambriksh Mahto 2. Rajesh Mahto son of Shivjee Mahto Versus The State Of Bihar ---------------------------------- 2. 12.10.2011 Heard learned counsel for the petitioners and the State. The petitioners were refused bail by an order dated 24.9.2010 passed in Cr. Misc. 23706 of 2010 but were granted bail subsequently by an order dated 25.7.2011 passed in Cr. Misc. 23424 of 2011 on one of the conditions that an affidavit shall be filed on their behalf that they have fair antecedents. It has been submitted that due to misconception, the submission had been made that the petitioners have fair antecedents even though a complaint under Section 323 and minor offences was pending against the petitioners since the year 2005, and it was due to pendency of the case, the required affidavit could not be filed in the Court below. Considering that the petitioners were found fit to be released on bail on merits and they have explained their antecedents, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of 7th Additional District and Sessions Judge, Muzaffarpur, Distt. Muzaffarpur, in connection with Sessions Trial No. 626 of 2 2010 arising out of Ahiyapur P.S. Case No. 110 of 2010, 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioners. (ii) That the bailors shall also state on affidavit that they 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 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. (iv) 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. A sum of Rs. 750/- (Seven hundred fifty) shall be deposited by the petitioners in the concerned District Legal Aid Committee after releasing on bail. S.Ali ( Anjana Prakash, J.)