IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42549 of 2011 1.Manohar Malakar son of Late Kishundayal Malakar 2.Arun Baitha son of Shri Ghutar Baitha 3.Raj Kishore Baitha son of Khikar Baitha All residents of village-Shrinagar, P.S.-Shrinagar, District- Madhepura Versus The State of Bihar ------------ 2. 14.12.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners seek bail in a case instituted for the offence punishable under sections 302, 201 and 120B of the Indian Penal Code. It is stated that co-accused Manoj Bhagat and Gauri Malakar having identical allegation have been granted bail by order dated 2.12.2011 passed in Cr.Misc. No.32525 of 2011 by another Bench of this court considering the fact that there is material in the case diary to suggest that, in fact, the deceased was variously assaulted since he was suspected to be a thief. Considering the facts and circumstances of the case the petitioners named above are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Srinagar P.S. Case No.24 of 2011 subject to the conditions that(i) 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. The bailors will undertake to furnish information to the court about any 2 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 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 thereafter the court below will be at liberty to initiate a 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 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 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. Md.S. ( Ashwani Kumar Singh, J.)