IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37341 of 2009 1. GAJENDRA RAI, son of Surendra Rai 2. BRAHAMDEO RAI, son of late Shiv Ratan Rai 3. BIRENDRA RAI, son of Surendra Rai 4. SHIV THAKUR, son of late Rajendra Thakur All residents of village Manjhaulia, P.S. Pakridayal, district East Champaran at Motihari .. Petitioners Versus STATE OF BIHAR .. Opposite Party **** /2/ 05.11.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 341, 323, 427 and 307/34 of the Indian Penal Code and 25(1-B)A, 27 and 35 of the Arms Act. 3. Taking into consideration the fact that the allegation of firing upon the injured is against co-accused, Harendra Rai, and now the matter is being compromised, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Pakridayal P.S. Case No. 11 of 2007 to the satisfaction of the Sub Divisional Judicial Magistrate, Sikrahana at Motihari, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an 2 affidavit giving genealogy as to how he is related with the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner(s) is/are implicated in any other case of similar nature after his/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 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 he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)