IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14484 of 2010 1. TUNTUN SAH, SON OF SUKHLAL SAH 2. RAMESH SAH, SON OF SUBELAL SAH 3. MAHESH SAH, SON OF SUBELAL SAH Versus STATE OF BIHAR ----------- 2. 06/05/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 447, 323,325, 504, 302, 341, 342 and 307 of the Indian Penal Code. The prosecution case is that an occurrence had taken place between the parties two days ago which escalated to the present occurrence for which two cases were instituted one on each side. The allegation against the co-accused Dinesh Sah, Lal Babu Sah, Subelal Sah and wife of Subelal Sah namely Rita Devi is of having assaulted the deceased Kailasho Devi variously but there is no mention of any specific overt act against the petitioners with regard to the deceased. In view of such, let the petitioners above named, who are in custody since 18.3.2010, 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, Muzaffarpur, in Sakra P.S. Case No. 255 of 2009 subject to the following 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 - 2 - bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii)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. (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. (iv)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. S.Ali (Anjana Prakash, J.)