IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12309 of 2010 1. ABHIMANYU RAI, SON OF MISHRI RAI 2. RANJEET RAI, SON OF SHANKAR RAI Versus STATE OF BIHAR ----------- 3. 02.07.2010 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, 302, 307, 341, 323, 337 and 504 of the Indian Penal Code. The prosecution case is that while an altercation was in progress between the parties, the deceased attempted to intervene, on account of which, he was also variously assaulted by the accused persons. The post mortem examination report reveals that all injuries have been found on the extremities and none on the vital parts. On 10.5.2010 noting the arguments of the parties wherein the Informant stated that almost all witnesses have already been examined while the petitioner asserted that the case was still at the stage of commitment, a report was called for from the trial court to ascertain the stage of trial. The report reveals that the case had been fixed for framing of charge on 4.6.2010. In view of such, let the petitioners above named, 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 Shri Piyush Kumar Srivastava, Judicial 2 Magistrate, 1st Class, Saran at Chapra, in Baniapur P.S. Case No. 104 of 2007 corresponding to U.T. No. 19 of 2010 subject to the following 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 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 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 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. S.Ali ( Anjana Prakash, J.)