IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5005 of 2010 UPENDRA RANA, son of late Bhupal Rana Versus STATE OF BIHAR With Cr. Misc. No. 6777 of 2010 1. KARMI PANJIYARA, s/o Amir Panjiyara, 2. Dolaya Mandal, s/o Late Batan Mandal, & 3. Niranjan Manjhi, s/o Mahesh Manjhi Versus STATE OF BIHAR ----------- 2/ 22.02.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. Taking into consideration the fact that there is counter version of the occurrence and the dispute took place on account of land dispute in which the specific overt act of assault on head is upon co-accused Anuplal Manjhi and from the impugned order it appears that death of Niranjan Mandal was caused on account of head injury, let the petitioners, above named, who are in custody since 24.12.2009, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Dhoraiya P.S. case no.121 of 2009, 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 - 2 - 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)