IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39643 of 2011 1. Judge Rai & 2. Kumar Rai, both son of Premdhar Rai, resident of village- Panapur, P.S.- Akilpur, District-Patna …Petitioners Versus The State Of Bihar …OP ---------------------------------- 2/ 19.12.2011 Supplementary affidavit on behalf of the petitioners is being filed. Let it be kept with the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 302 and other allied sections of the Indian Penal Code, section 27 of the Arms Act and section 3 of the Explosives Substance Act. Considering that there is no specific overt act alleged against the petitioners with regard to the deceased which allegation is upon co-accused Mirtunjay Rai, Umesh Rai, and Sanjay Rai and the case against the petitioners are mainly emanating from land dispute with the family of the informant, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Akilpur P.S. Case No.15 of 2011, subject to 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 and another bailor shall be Ram Ayodhya Rai, brother of the petitioner. The bailors will undertake to furnish information to the court about any change in the address 2 of the petitioners, (ii) 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,(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 they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iv) 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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Sr. Superintendent of Police, Patna, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash,J.)