IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23361 of 2011 1. Bhola Singh, S/o Late Bihari Singh. 2. Mangaru Singh @ Mangal Singh, S/o Late Bihari Singh. 3. Manoj Singh, S/o Late Hari Kishun Singh. Versus The State of Bihar ------------ 03. 05.08.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioners were refused bail by order dated 19.08.2010 on the premise that deceased had been killed on account of the fact that he was a witness in an earlier case instituted for the murder of his father. The petitioners have renewed their prayer for bail solely on the ground that this information given by the informant was not based on facts. To demonstrate this the petitioners have filed Annexure-3 which is the First Information Report with regard to the murder of the father of the deceased in which no doubt the petitioners are named in column of accused but the name of the deceased as a witness is not there. Annexure-3/1 which the charge-sheet filed in the said case as also being filed by the petitioners to demonstrate that the deceased was not mentioned in the column of witnesses. Considering the aforesaid as also the fact that there is no specific overt act alleged against the petitioners and apart from one other case instituted for the murder of the father of the deceased there is no other case pending against them, let 2 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 or any other surety as fixed by the Court to the satisfaction of ADJ-II, Buxar in connection with S.Tr. No. 124/06/148/06 (Nawanagar P.S. Case No. 2 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. The bailor will also undertake to inform the Court if there is any change in the 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) 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.)