IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14589 of 2010 1. BAIJNATH RAI @ BAIDYANATH RAI @ BUDHNATH RAI, SON of Late Shiv Nandan Rai, resident of village Budhnagra, P.S.- Mushari, District- Muzaffarpur. 2. Lalan Rai, son of Bajrangi Rai, resident of village- Mominpur, P.S. Mushari, District- Muzaffapur…. Petitioners. Versus STATE OF BIHAR ----------- 2. 06.08.2010 Heard counsel for the petitioners and counsel for the State. The prayer for bail of the petitioners was in fact earlier allowed by an order dated 15.9.2009 in Cr. Misc. No. 32642 of 2009 with condition that they would be released on bail if there was no criminal antecedent against them. It appears that the petitioners however would not be released on bail on account of one criminal case pending against each of the petitioners. The petitioners thereafter had filed an application for modification and the same was withdrawn as is recorded in the order dated 1.4.2010 in Cr. Misc. No. 6048 of 2010. Considering the nature of the case as also the fact noted above, this court would direct the petitioners, namely, Baijnath Rai @ Baidyanath Rai @ Budhnath Rai and Lalan Rai to be released on bail on their furnishing 2 bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Mushari P. S. Case No. 33 of 2009, subject to the following conditions; (i) the two bail bonds will be furnished one by government servant and the other by a close family relative. (ii) the petitioners will remain present in course of trial on each and every date and their absence even for a single day would automatically entail the consequences of cancellation of their bail. (iii) the petitioners in case are now made accused in any other criminal case, that would itself lead to cancellation of their bail. Subject to the aforementioned conditions, the prayer for bail of the petitioners is allowed. kanchan (Mihir Kumar Jha, J.)