IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23424 of 2011 1. Shivji Mahto @ Sheojee Mahto son of Rambriksh Mahto, 2. Rajesh Mahto son of Shivjee Mahto, & 3. Rakesh Mahto son of Shivjee Mahto Versus The State Of Bihar ----------- 2/ 25.07.2011 Heard learned counsel for the petitioners and the State. On the last occasion, the petitioners were refused bail by order dated 24.09.2010 vide Cr. Misc. No.23706 of 2010, but the petitioner no.1 was granted liberty to renew is prayer for bail after framing of charge. It has been submitted that charges have been framed and petitioner nos. 2 and 3 are the sons of petitioner no.1 and in the manner in which the occurrence took place no offence under section 307 Indian Penal Code is made out. It has further been submitted that the petitioners have fair antecedents. Considering the same, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the 7th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No.626 of 2010, 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 another bailor shall be the Raghunath Mahto, father-in- law of petitioner no.2. The bailors will undertake to furnish information to the court about any change in the address of the 2 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. JA/- (Anjana Prakash,J.)