IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43239 of 2009 1. HIRA LAL PASWAN SON OF LATE MADAN PASWAN 2. SANJAY PASWAN SON OF JULFEE PASWAN 3. JUGAL PASWAN @ YUGANAND PASWAN SON OF LATE DHANNU PASWAN Versus STATE OF BIHAR ----------- 2. 16.12.2009 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, 323, 324, 307, 353, 332, 333, 504, 379 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that the occurrence took place on account of settlement of a pond in which a number of persons were named as accused including the present petitioners, but there is no specific overt-act against them, let the petitioners above named, who are in custody since 14.10.2009, 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 Chief Judicial Magistrate, Araria in Araria (Tarabari) P.S.case No.66 of 1999, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit 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 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 - 2 - 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. Narendra/ ( Anjana Prakash, J. )