IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31226 of 2011 1. Kishore Mandal son of Lutkun Mandal 2. Shankar Mandal, son of Krishnadeo Mandal Versus The State Of Bihar ---------------------------------- 4. 19.12.2011 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, 458, 307, 324 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that the occurrence took place on account of land dispute in which the allegation against the petitioner no.2 and Prabhakar Mandal is of having fired at the informant injuring on the arm. The reason for occurrence is land dispute. The specific assertion is that the petitioner no.2 has no criminal antecedents. Considering the same, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Bahadurpur P.S. Case No.256 of 2011, subject to the conditions (i) That one of the bailor 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 - 2 - about any change in address of the petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners is 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 ground of misuse, (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, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. With regard to petitioner no.2, he shall file an affidavit that he is not an accused in any other case. With regard to petitioner no.1, he is directed to appear before the Superintendent of Police, Darbhanga within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the - 3 - Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Narendra/ ( Anjana Prakash, J. )