IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37240 of 2009 1. RAMJASH MAHTO, son of late Ram Bilas Mahto @ Bholi 2. SRI MAHTO, son of Mahdeo Mahto Both residents of village Purani Bazar Motipur, P.S. Motipur, district Muzaffarpur .. Petitioners Versus STATE OF BIHAR .. Opposite Party **** /2/ 03.11.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 147, 148, 149, 323, 324, 307, 332, 333, 353, 436 and 427 of the Indian Penal Code. 3. Taking into consideration the fact that the occurrence took place on account of retaliation of the villagers of Sanha Damber when one Baijnath Rai had been killed by the alleged villagers of the informant and there is no specific overt act against the petitioners, who do not even belong to Sanha Damber, let the petitioners, above named, who are in custody since 07.08.2009 and have no criminal antecedent, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Motipur P.S. Case No. 70 of 2009 to the satisfaction of the Sub Divisional 2 Judicial Magistrate, West, Muzaffarpur, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/they shall not be released on bail 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 he/they fails/fail to do so on two given dates and delays/delay the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)