IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39299 of 2009 HAIDAR ALI @ HAWALDAR SON OF LATE JAMADAR MIAN . Versus STATE OF BIHAR . with Cr.Misc. No.40612 of 2009 LAL BABU RAI @ LAL BAHADUR RAI SON OF KISHUNDEO RAI . Versus STATE OF BIHAR . ----------- 2/ 23-11-2009 Heard both the parties. The petitioners seeks bail in a case institution under section307, 302 and other allied section of the Penal Code . Taking into consideration the fact that the petitioners are not named in the First Information Report but have been made accused on the basis of a phone call having been made to them from the mobile which was recovered at the place of occurrence but have no criminal antecedent, let the above named petitioners who are in custody since 01.05.2009,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 S.D.J.M. (West) Muzaffarpur in connection with Deori P.S. Case No. 21 of 2009, on 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, (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 - 2 - 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 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. ( Anjana Prakash, J ) BTiwary/