IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27571 of 2010 1. FULAN CHOUBEY, SON OF LATE NATHUNI CHOUBEY 2. ANGAD CHOUBEY, SON OF FULAN CHOUBEY Versus STATE OF BIHAR ----------- 2. 18.08.2010 Heard learned counsel for the petitioners, learned counsel for the Informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 341, 302, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. Supplementary affidavit filed today be kept on the record. Considering that the deceased was done to death on account of the fact that he was a witness against the petitioner in an earlier case, I am not inclined to grant bail to the petitioner No. 1 even though there is no specific overt act against him. The prayer for bail of petitioner No. 1 is rejected. The trial court is directed to expedite the trial in view of the serious nature of the offence. With regard to petitioner No. 2, considering that he is not the assailant of the deceased, let the petitioner No. 2, above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua, in Bhabua P.S. Case No. 217 of 2010 subject to the following conditions: (i)That one of the bailors will be a close 2 relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is 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. (iii)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)