IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.4982 of 2010 1. SANJAY RAI, son of Indradeo Rai & 2. Nilnidhi Singh, son of Late Gahit Singh Versus THE STATE OF BIHAR ----------- 2/ 22.02.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 386/34 of the Indian Penal Code. It has been submitted that in pursuance to the First Information Report the informant compromised the matter with the accused persons. In view of such, let the petitioners, above named, who are in custody since 27.11.2009, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, in connection with Sikrahata P.S. case no.10 of 2009, 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,(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 delay the trial in any - 2 - manner, their bail will be liable to be cancelled for reasons of misuse and (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. Before releasing the petitioners on bail, the Magistrate will notice the informant and satisfy himself that in fact the compromise has taken place between the parties. JA/- (Anjana Prakash, J.)