IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39915 of 2009 1. ANANDI MANDAL 2. MAHESHER MANDAL 3. UMESH MANDAL, ALL SONS OF LATE MAHAVIR MANDAL 4. SANJAY MANDAL SON OF RAMCHARAN MANDAL. Versus STATE OF BIHAR with Cr.Misc. No.40595 of 2009 1. RAMESHWAR MANDAL SON OF LATE SARYUG MANDAL 2. RAMCHARANDRA MANDAL @ RAMCHARN MANDAL Versus STATE OF BIHAR ----------- 2/ 24-11-2009 Heard both the parties. The petitioners seeks bail in a case institution under sections 307, 302 and other allied sections of the Penal Code . Taking into consideration the fact that the accused persons are said to have assaulted three persons , one of whom subsequently died and the allegation against petitioners no.2 and 4 ( in Cr. Misc. No. 399915 of 2009) is that they assaulted with Dabia but the postmortem examination report reveals abrasion on the person of the deceased whereas there is general allegation against rest of the accused persons, let the above named petitioners in both the cases, who are in custody since 12.08.2009, 22.06.2009, 14.07.2009 and 09.07.2009 ,respectively, 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. Birpur at Supaul in Raghopur P.S. Case No. 52 of 2009 on the conditions : - 2 - (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 implicated in any other case of similar nature after his 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. ( Anjana Prakash, J ) BTiwary/