IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39564 of 2009 1. KAMTA SINGH son of Late Ram Chandra Singh & 2. Binod Thakur @ Dayanand Thakur son of Late Ganauri Thakur Versus STATE OF BIHAR ----------- 5/ 06.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302/34 of the Indian Penal Code, section 27 of the Arms Act and section 17 of the CLA Act. In the First Information Report, there is allegation against four unknown extremists of having shot dead the deceased. Later on, during investigation, it transpired that one Praduman Sharma had, in fact, caused the death of the deceased. About four years’ later the petitioners’ name transpired that they were also involved in the present occurrence probably, on account of their involvement and association with extremists group. In view of such, let the petitioners, above named, who are in custody since 27.1.2009 and 22.4.2009 respectively, 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 Sri Anil Kumar, Judicial Magistrate, 1st class, Gaya, in connection with Khizer Sarai P.S. case no.04 of 2003, 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,(ii)that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any - 2 - 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,(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, and (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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Gaya, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine 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 Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash, J.)