IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39705 of 2011 1. Awadhesh Mishra Son of Uma Kant Mishra 2. Santosh Mishra Son of Uma Kant Mishra 3. Azad Mishra Son of Birju Mishra Versus The State Of Bihar ---------------------------------- 2. 19.12.2011 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 447, 427, 341, 323, 307, 504/34 and 302 of the Indian Penal Code. Considering that the occurrence took place on the spur of moment and there is a counter version with regard to the same occurrence as also there is no allegation that the petitioners assaulted the deceased, who was assaulted by co-accused Ashok Mishra, on account of which he sustained single injury on the head and died later, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge, F.T.C. No.2, Purnea in connection with Sessions Trial No.1067 of 2011 arising out of Barhara P.S. Case No.61 of 2011, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the wife/mother/brother of the - 2 - petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) 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 ground of misuse, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )