IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1982 of 2010 1. SATAN PATEL SON OF YOGENDRA PATEL 2. NAGINA YADAV SON OF MAGARU YADAV Versus THE STATE OF BIHAR ----------- 2. 02/02/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 328, 307, 379, 411/34 of the Indian Penal Code and Sections 8 and 22 of the N.D.P.S. Act. It has been submitted that eleven persons were caught on the spot with incriminating articles and three of whom disclosed the names of seven co-accused including the present petitioners. The petitioners were searched after such disclosure but no incriminating article was recovered from their possession. The further submission is that the petitioners are accused in one other case of Section 302 and 201 I.P.C. and in which case their name was disclosed three days after the occurrence. Taking into consideration the aforementioned facts as also that the petitioners have remained in custody since 16.8.2009 and there is no other case of similar nature pending against them, 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 to the satisfaction of District Sessions Judge, Bettiah (West Champaran), in connection with Narkatiaganj Rail P.S. Case 2 No. 20 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 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.(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. S.Ali (Anjana Prakash, J.)