IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35497 of 2009 1. RAJ NANDAN MOCHI SON OF DILIP MOCHI 2. JAHIR KHAN SON OF JAFIR KHAN, BOTH RESIDENT OF VILLAGE NAGWAN, POLICE STATION KAKO, DISTRICT JEHANABAD …. PETITIONERS Versus STATE OF BIHAR ----------- 2. 14.10.2009 Heard learned Counsel for the petitioners and the State. Petitioners seek bail in a case instituted under Sections 147, 148, 149, 323, 324, 326, 337, 307, 504 and 342 of the Indian Penal Code. Taking into consideration the fact that for the same occurrence, a counter case had been instituted by Mahabir Choudhary in which one Arjun Choudhary, son of co-accused Mahabir Choudhary, lost his life subsequently and there is a general allegation of assault against the present petitioners, let the petitioners, above named, who are in custody since 29.7.2009 and 18.8.2009 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in Kako P.S.case No.87 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitionerd who will give an affidavit giving genealogy as to how he is related with the petitionerd, (ii) that the affidavit shall clearly state that the petitioners are 2 not accused in any other case and if they are, they shall not be released on bail and (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 then their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )