IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33199 of 2010 1. UMESH CHOUDHARY, SON OF AMBIKA CHOUDHARY 2. NANKU CHOUDHARY, SON OF LATE SUBASH CHOUDHARY Versus STATE OF BIHAR ----------- 2. 04.10.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 149, 332, 353, 224 and 225 of the Indian Penal Code. It has been submitted that the petitioners were in custody in a case instituted under the Forest Act whereafter they were sought to be released by a crowd. Considering that apart from another case instituted for the same occurrence and the parent case, the petitioners have clean antecedents, 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 concerned to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran, in Bagaha (Patkhauli) P.S. Case No. 111 of 2010 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 the petitioners and the other shall be the brother of the petitioners. The bailor will undertake to furnish information to the Court 2 about any change in address 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. (iv)That the petitioner 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. The fact that the petitioners are accused in only two other cases besides the present one shall be verified by the Magistrate before releasing the petitioner on bail. The Magistrate shall also consider amalgamation of the present case with Bagaha (Pathkauli) P.S. Case No. 114 of 2010 since both the cases arise out of the same occurrence. S.Ali ( Anjana Prakash, J.)