IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7840 of 2010 1. LAXMAN SAH SON OF LATE DAHU SAH 2. SITA RAM SAH SON OF LATE DAHU SAH Versus STATE OF BIHAR ----------- 4. 12.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 448, 341, 323 and 307/34 of the Indian Penal Code. The prosecution case is that the petitioner no.1 is said to have assaulted the informant with iron rod on his head, whereas the petitioner no.2 is said to have assaulted the wife of the informant on the head with iron rod. The written report has been given on 13.10.2009 even though the occurrence is said to have taken place on 11.9.2009. No doubt the delay of the reporting had been explained but it does not stand to reason as to under what circumstances no statement was recorded at the Hospital, where the alleged injured was being treated. In view of such, let the petitioners, above named, who are in custody since 16.11.2009 and 30.10.2009 respectively and have no criminal 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, Khagaria in Beldaur P.S.case No.81 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the - 2 - petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor 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 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, (iv) 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 he fails 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 and (v) 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. sNarendra/ ( Anjana Prakash, J. )