IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4450 of 2010 1. DEV NARAYAN RAM @ DEO NARAYAN RAM 2. DEOKI RAM @ DEWAKI RAM, SONS OF LATE YADU RAM Versus STATE OF BIHAR **** /3/ 15.02.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 302 and other allied sections of the Indian Penal Code. 3. The petitioners, by an order, dated 25.11.2009, were allowed bail on condition that they would give an affidavit that they are not accused in any other case, but, it appears that since they were accused in Complaint Case No. 736 of 1988 instituted for offences under Sections 147, 148, 323 and 448 of the Indian Penal Code so they were not released on bail. 4. Taking into consideration the fact that the merits of the case is not affected by the pendency of the earlier case instituted for minor offences, let the petitioners, above named, who are in custody since 08.04.2009 and 11.08.2009 respectively be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Kathaiya P.S. Case No. 42 of 2 2008 to the satisfaction of the Sub Divisional Judicial Magistrate, West, Muzaffarpur, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his 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, (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.A. (Anjana Prakash, J.)