IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6264 of 2010 MD. KADIR KUJRA @ MD. KADIR, son of Palat Kujra Versus STATE OF BIHAR With Cr. Misc. No.7122 of 2010 1. MD.JAHAGIR KUJARA, s/o Bechan Kujara, 2. Bauka Kujara, s/o Bechan Kujara, & 3. Ahmad Kujara, s/o Sattar Kujara Versus THE STATE OF BIHAR ----------- 2/ 03.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 307 and other allied sections of the Indian Penal Code. Taking into consideration the fact that the allegation is that seven accused persons entered the house of the informant, variously assaulted the members present in the house injuring eight of them, but the submission is that in the facts of the case no offence under section 307 of the Indian Penal Code would be made out, let the petitioners, above named, who are in custody since 12.11.2009, 3.11.2009, 3.10.2009 and 21.9.2009 respectively and have no criminal antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Jhanjharpur P.S. case no.4 of 2009, 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 - 2 - as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an 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 and (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)