IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21963 of 2010 1. SARKAR MARANDI, son of Jetha Marandi 2. Subodh Tuddu, son of Lakhi Ram Tuddu, both resident of Village Dhulasan, Police Station- Kurlikot, District- Kishanganj. 3. Rang lal Mahto @ Ranglal Bhagat, son of late Ram Bilash Mahto @ Ram Bilash Bhagat 4. Bishanudeo Mahto, son of Late Ram Swaroop Mahto, both resident of Village- Khasidangi, Police Station- Galgalia, District- Kishanganj. 5. Sri Lal Murmu @ Marandi, son of Kandan Murmu, resident of Village- Mailani, Police Station- Galgalia, District- Kishanganj Versus STATE OF BIHAR ----------- 2. 01.07.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Thakurganj (Galgalia) P.S. Case No. 236 of 2009 for offence punishable under Sections 147, 148, 149, 341, 342, 384, 379 and 506 of the Indian Penal Code. Learned counsel for the petitioners submits that except the provisions of Sections 384 and 379, the other provisions of the Penal Code are bailable and the Court below has disbelieved the allegations set out against the petitioners under Section 384 and has taken cognizance under Section 379. He submits that the petitioners have remained in custody since 15/16.12.2009. He further submits that several litigation is going on between the parties as regarding 2 the land in question. He further submits that the petitioners had a clean antecedent until the institution of the present case. He submits that since thereafter a number of cases on similar charges have been set out against the petitioners and other villagers by the informant. He further submits that the informant is a part of the Tea Garden syndicate trying to encroach over the land of the tribals for tea garden cultivation. Taking into consideration the circumstances and submission of learned counsel, let the petitioners, namely (1) Sarkar Marandi (2) Subodh Tuddu (3) Rang Lal Mahto @ Rang Lal Bhagat (4) Bishanudeo Mahto and (5) Sri Lal Murmu @ Marandi be released on bail upon each of them furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Kishanganj in connection with Thakurganj (Galgalia) P.S. Case No. 236 of 2009, subject to the condition that the petitioners would ensure their representation before the Court below on each and every date fixed in the case and upon failure on their part to ensure their representation in the Court below on two consecutive dates without reasonable explanation to the satisfaction of the Court below would confer liberty to the Court 3 concerned to initiate proceeding for cancellation of the bail bonds of the defaulting petitioner and for taking him in to custody. Anand Kr. (Jyoti Saran, J)