IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40041 of 2009 1. BALBHADRA MISHRA SON OF LATE SARJU MISHRA 2. GUDDU MISHRA @ DHAN SAGAR MISHRA SON OF BALBHADRA MISHRA. 3. BINOD MISHRA SON OF BALBHADRA MISHRA. Versus THE STATE OF BIHAR ----------- 2/ 25-11-2009 Heard both the parties. The petitioners seek bail in a case institution under section302 and other allied sections of the Penal Code and 27 of the Arms Act. Taking into consideration the fact that the petitioner was a member of the mob and had merely assaulted the informant whereas co-accused Vidya Sagar Mishra had fired at and killed the deceased, let the above named petitioners who are in custody since 19.08.2009 and have no criminal antecedent 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, Bhojpur at Ara in connection with Shahpur P.S.Case No.175 of 2009 on the 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. (ii) That the affidavit shall clearly state that the - 2 - petitioners are not accused in any other case and if they are they shall not be released on bail. (iii) That the petitioners will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. ( Anjana Prakash, J ) BTiwary/