IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15083 of 2010 1. BILASH MAHTO, S/o Makhan Mahto. 2. Bijli Rai, S/o Late Kapildeo Rai. 3. Sanjay Kumar, S/o Babulal Das. Versus THE STATE OF BIHAR with Cr.Misc. No.17631 of 2010 SURESH DAS, S/o Kapildeo Das. Versus THE STATE OF BIHAR ----------- 02. 11.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 121 of the Indian Penal Code and Section 17 of C.L.A. Act. It has been alleged that the petitioners were arrested on suspicion of being Maoists and from the petitioner, Sanjay Kumar a flag and some pamphlets were recovered revealing his membership of the said party. However, the petitioners have no criminal antecedents and they are in custody since 11.01.2010 and 23.01.2010. In view of such, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Sewaipatti P.S. Case No. 3 of 2010 subject to the following conditions:- (i) That one of 2 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 and the other bailor shall be local since the petitioners belong to East Champaran. The bailor will also undertake to inform the Court if there is 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 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. (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. Vikash/- (Anjana Prakash, J.)