IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18610 of 2010 ANIL MAHTO Sri Batoran Mahto Versus THE STATE OF BIHAR With Cr. Misc. No. 19153 of 2010 1. DILIP MAHTO son of Late Kari Mahto & 2. Chhabbu Mahto @ Sikandar Mahto son of Late Ram Charitra Mahto Versus STATE OF BIHAR With Cr. Misc. No. 21590 of 2010 BIJO MAHTO son of Ram Sagar Matho @ Sagar Mahto Versus STATE OF BIHAR ----------- 3/ 25.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 of the Indian Penal Code and section 27 of the Arms Act. Considering that the petitioners are named in the First Information Report, wherein, the allegation of firing upon the deceased is contained against co-accused Sanjay and thereafter the petitioners’ name was disclosed that they were also seen near the place of occurrence without attributing any specific overt act to them, 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 to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Naokothi P.S. Case No. 30 of 2009 (Cr. Misc. No.18610 of 2010 and Cr. Misc. No.19153 of 2010) / the 3rd Additional Sessions Judge, Begusarai, in connection with Sessions Trial No.479 of - 2 - 2010, arising out of Naokothi P.S. Case No. 30 of 2009 (Cr. Misc. No. 21590 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. The bailors 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 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 manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)