IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44857 of 2009 1.BHAVESH KUMAR @ BHAVESH KUMAR SHARMA son of Kedar Sharma 2.Niraj Kumar Roy son of Shobhanand Roy 3.Suman Kumar Rai @ Samar Kr. Rai son of Brahmanand Roy Versus STATE OF BIHAR ----------- 2. 23.12.2009. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 452, 366A, 323, 511 and 353/34 of the Indian Penal Code. Taking into consideration the fact that no complaint was instituted by the victims and the petitioners have no criminal antecedent and, therefore, cannot be said to have intimidated them, let the petitioners above named who are in custody since 5.11.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No.147 of 2009 subject to the following conditions: (a) that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners, (b) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (c) that the bailors shall also state on affidavit that they 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 - 2 - thereafter the court below will be at liberty to initiate a proceeding for cancellation of bail on the ground of misuse. (d) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the 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. Md.S. (Anjana Prakash,J.)