IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27401 of 2010 1. RAZI AHMAD. 2. Phool Mohammad. Both are sons of Farukh Mian. Versus THE STATE OF BIHAR ----------- 02. 13.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 147, 149 and 302 of the Indian Penal Code. Considering that the deceased was done to death after he dashed his motor-cycle against a person in retaliation of the same and submission of the counsel for the petitioner is that in the facts of the case no offence under Section 302 of the Indian Penal Code would be made out, 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, Vaishali at Hajipur in connection with Patepur P.S. Case No. 110 of 2009 subject to the following 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 2 the petitioners. 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.)