IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33579 of 2009 1. BISESHWAR PRASAD, S/O late Chunilal Prasad 2. NIKHIL KUMAR, son of Sri Bishwar Prasad Both residents of Dhamrohighat, P.S. Malsalami, district Patna .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /3/ 08.10.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 341, 323, 324, 379/34, 307 and 302 of the Indian Penal Code. 3. Taking into consideration the earlier order, dated 17.09.2009, by which this case was posted after Puja holidays with the obvious intention to grant bail to the petitioners, who are said to be merely members of the mob and are in custody since 20.06.2009 as also the fact that the deceased died later on let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Malsalmi P.S. Case No. 92 of 2009 to the satisfaction of the Additional Chief Judicial Magistrate, Patna, on the conditions that one of the bailors will be a close relative of 2 each of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners, that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner(s) is/are implicated in any other case of similar nature after his/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 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. S.A. (Anjana Prakash, J.)