IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37766 of 2009 1.RAJENDRA MANDAL SON OF TAHLU MANDAL 2. RAJO MANDAL SON OF DASRATH MANDAL Versus STATE OF BIHAR Cr.Misc.No.44760 of 2009 1. SANT LAL MANDAL SON OF SIYARAM MANDAL 2. SADANAND MANDAL SON OF SURESH MANDAL Versus THE STATE OF BIHAR. ----------- 4 6.1.2010 Heard the learned counsel for the petitioners and the State. As Cri. Misc.No.37766/09 on behalf of the petitioners, Rajendra Mandal and Rajo Mandal and Cr.Misc. No.44760/09 on behalf of Sant Lal Mandal and Sadanand Mandal have arisen out of one occurrence both the petitions have been heard together and are being disposed of by a common order. All the four petitioners and some other accused persons are named accused in a case under sections 399,402,307 and 353 of the I.P.C. and section 25(1-b)A, 26,35 and 27 of Arms Act. The allegation is that in the night of 21st/22nd May, 2009 these petitioners along with others, namely, Pankaj Kumar and Babu Lal Mandal were arrested while they were trying to commit some serious offence. Submission is that the similarly situated co-accused, Pankaj Kumar and Babu Lal Mandal, have been allowed bail on 11.11.2009 vide Cr.Misc.No. 39252/09 and Cr.Misc.No.39810/09 a copy of which has been produced at the time of argument. Considering the facts and circumstances of the case, all 2 the four aforesaid petitioners are directed to be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Munger, in Muffasil P.S. Case No.136/09 on the conditions that (i) one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) 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. AnilKr.Sinha ( Shyam Kishore Sharma, J.)