IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3114 of 2010 1. RAMESHWAR SINGH 2. VIJENDRA SINGH BOTH SONS OF LATE ALIAR SINGH Versus STATE OF BIHAR ----------- 2. 09/02/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that there is specific overt act against the co-accused Amir Chand Singh of having fired at the deceased whereas the allegation against the petitioners is of only firing in the air and there is a counter version of the occurrence, let the petitioners above named, who are in custody since 13.11.2009 and 23.11.2009 respectively and have no criminal antecedents, 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 Sub Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Suryapura P.S. Case No. 48 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 affidavit shall clearly state that the petitioners are not accused in any other case and if they are, 2 they shall not be released on bail. (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. S.Ali (Anjana Prakash, J.)