IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11878 of 2010 1. JALESHWAR RAI. 2. Sadhu Rai (Both are sons of Ramasray Rai). 3. Rajpal Rai. 4. Rampal Rai @ Rambal Rai (Both are sons of Maneger Rai) Versus THE STATE OF BIHAR ----------- 02. 20.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 307, 302 and 427 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that when the informant was sitting with the two deceased and one injured Bachha Singh one person who had hidden his face came and fired with his carbine due to which Sachidanad Singh and Mohan Singh lost their lives and Bachha Singh was injured. He raised suspicion against the present petitioners on account of an earlier mishap that had occurred with one Manoj Rai due to which the informant, his son and one Deepa Manjhi had been implicated on allegedly trumped charges. Subsequently, one eye witness i.e. the son of the informant appeared as an eye-witness and stated - 2 - that it was two persons who shot dead the two deceased and injured Bachha Singh and about the petitioners he said that they were seen outside generally firing to scare away people. In view of the fact there is no specific overt act of killing against the petitioners, let the petitioners above named who are in custody since 21.01.2010 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Amnour P.S. Case No. 18 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. The bailor will also undertake to inform the Court if there is any change in the address of 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 - 3 - 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 been submitted that the petitioner Nos. 1 and 2 are accused in one case of minor offences whereas the petitioner Nos. 3 and 4 are not accused in any other case besides the present one. This fact will be verified by the Magistrate before releasing the petitioners on bail. Vikash/- (Anjana Prakash, J.)