IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9281 of 2010 MOHAN KUMAR, S/o Shri Nathuni Prasad. Versus THE STATE OF BIHAR with Cr.Misc. No.12295 of 2010 HARI LAL CHAUDHARY, S/o Late Shivjee Chaudhary. Versus THE STATE OF BIHAR ----------- 03. 12.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 272, 273 and 304 of the Indian Penal Code and Section 47A of the Excise Act. When the father of the informant lost his life after consuming liquor an inquiry was done in the matter and it was found out that one Vijay Kumar Sah had provided the liquor to the deceased after getting it from the shop of petitioner Mohan Kumar. However, the shop of Mohan Kumar was sealed and the articles were tested but none of them contained any poisonous substance. In view of there being no direct material against the present petitioners, let the petitioners above named be released on bail on furnishing bail - 2 - bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 176 of 2009 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. (ii) 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. (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 delays the trial in any manner, their bail will be liable to be cancelled for reasons 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. It has already been directed in another case - 3 - that the Officer In-charge, Siwan Town P.S. will keep a watch on the activities of the present petitioners after their release on bail and if any adverse material transpires against the petitioners he shall make a report to the Court concerned. Let a copy of this order be forwarded to the Officer In-charge, Siwan Town P.S. through S.P. Siwan. Vikash/- (Anjana Prakash, J.)