IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27386 of 2011 1. Bisundeo Mishtri @ Sanni , S/o Juthi Yadav @ Dukhi Mistri, R/o Raja Bigha,P.S.Salaiya,Dist.-Aurangabad. 2. Mohan Yadav @ Lala Yadav, S/o Kardhani Yadav, R/o Vill.- Pirwan,P.S. Salaiya,Dist.-Aurangabad. Versus 1. The State of Bihar --------------------- 02. 23.08.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 307, 431 and 427 of the Indian Penal Code, Section 27 of Arms Act, Sections 3/4 of Explosive Substance Act and Section 17 C.L.A. Act. It has been submitted that the petitioner No. 2 has been allegedly named in the First Information Report with alias name even though he disputes the same whereas petitioner No. 1 has not been named at all. Considering the facts of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Additional Sessions Judge, F.T.C.-I, Aurangabad in connection with S.Tr. No. 1416/10/25/11 arising out of Salaiya P.S. Case No. 28 of 2009 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 and the other bailor shall be the son/father of the petitioners. The bailor will also undertake to inform the Court if there is any change in the 2 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. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Superintendent of Police, Aurangabad within fifteen days of thier release with a copy of this order and every two weeks thereafter for the next one year. The conduct of the petitioners will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Vikash/- (Anjana Prakash, J.)