IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4480 of 2010 1. RAMAYAN RAM SON OF LATE DEVAKI RAM 2. BIRENDRA SAH ALIAS GIRENDRA SAH SON OF LATE BABBAN SAH Versus STATE OF BIHAR With Cr.Misc. No.5280 of 2010 KISHORE CHAUDHARY S/O KEDAR CHAUDHARY Versus STATE OF BIHAR With Cr.Misc. No.5764 of 2010 SUBASH CHAUDHARY @ SUBASH CHOUDHARY @ SUBHASH CHAUDHARY SON OF SRI KISHUN CHOUDHARY Versus THE STATE OF BIHAR With Cr.Misc. No.14637 of 2010 BINOD CHAUDHARY S/O JADSUMAIR CHAUDHARY @ JAGSUMER CHAUDHARY Versus STATE OF BIHAR With Cr.Misc. No.16284 of 2010 BHUDESHWAR TIWARI SON OF LATE RAJENDRA TIWARI Versus THE STATE OF BIHAR ----------- 4. 6.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 328, 307, 379, 411/34 of the Indian Penal Code and 8/22 of the Narcotic Drugs and Psychotropic Substance Act. Considering that the petitioners are in custody since 16.8.2009 and 1.9.2009 respectively and have no criminal antecedents for having been found in possession of ativan tablets of various quantity and some allegedly stolen articles, for which - 2 - there is no parent case of theft, 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 Sessions Judge, Bettiah, West Champaran in Narkatiaganj Rail P.S.case No.20 of 2009, subject to the conditions (i) that with regard to petitioners Ramayan Ram and Birendra Sah @ Girendra Sah it is directed that their wives will be one of the bailors and with regard to petitioner Kishore Chaudhary his father will be one of the bailors and with regard to Subash Chaudhary @ Subash Choudhary @ Subhash Chaudhary one of the bailors shall be his own son and with regard to petitioner Binod Chaudhary his father will be one of the bailors and with regard to petitioner Bhudeshwar Tiwari his wife/brother will be one of the bailors and the other 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 about any change in the 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 and (iv) that the petitioners will give an undertaking that they will receive the police - 3 - 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. Narendra/ ( Anjana Prakash, J. )