IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3048 of 2010 1.MANOJ RAI @ MANOJ KUMAR RAI 2.Rajesh Rai @ Rajesh Kumar Rai , both r/o Jaiithar, P.S. Taraya, Dist. Saran at Chapra ……Petitioners. Versus STATE OF BIHAR ----------- 2 15.3.2010 Heard Mr. Nawal Kishore Singh, learned counsel appearing for the petitioners and Mr. Anand Mohan Mehta, learned A.P.P. for the State. Petitioners are accused in a case instituted under section 307/34 of the Indian Penal Code as also under section ¾ of the Explosive Substance Act. It is submitted by learned counsel for the petitioners that there are case and counter case from both sides by annexures 1 and 2 respectively. It is further submitted that the entire occurrence has taken place on the day of election for PACS. It is further submitted that according to the first information report petitioner no.1 is merely an order giver and so far petitioner no.2 is concerned he is said to be member of the mob. Learned counsel for the State has not disputed the aforesaid position. Be that as it may, let the above named petitioners in the event of their arrest or surrender in the court below within four weeks from today , be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Saran at Chapra in Taraiya P.S. Case No. 93 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. and further that if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of - 2 - the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (Birendra Prasad Verma, J) M.Rahman