IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.14739 of 2010 1. BIDESHI MANJHI son of Trigun Manjhi & 2. Bidya Manjhi son of Shyam Narayan Manjhi Versus STATE OF BIHAR ----------- 2/ 11.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 341, 323, 307 and 504 of the Indian Penal Code. There is counter version of the occurrence which was given by one Bishundeo Manjhi earlier in time and the submission is that in the facts of the case no offence under section 307 Indian Penal Code is made out. In view of the fact that the assault was not repeated in spite of there being no intervening circumstances, let the petitioners, above named, who is in custody since 16.2.2010, 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, Saran, Chapra, in connection with Janata Bazar P.S. case no.73 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not 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 - 2 - 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,(iv) 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, and (v) 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. JA/- (Anjana Prakash, J.)