IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.898 of 2010 1. ANAND KUMAR BHINDWAR @ NAND KUMAR BHINDWAR, S/O LATE DORIK LAL BHINDWAR 2. RAKESN ROUSHAN @ PINTOO BHINDWAR, S/O ANAND KUMAR BHINDWAR @ NAND KUMAR BHINDWAR Versus STATE OF BIHAR **** /2/ 21.01.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 324, 307 and other allied sections of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that initially there was an allegation of a general assault with hockey sticks and thereafter of four persons firing at the injured, who sustained two injuries, and in the facts of the case wherein as many as 13 persons participated and there was no intervening circumstance and, therefore, it would not be a case under Section 307 of the Indian Penal Code, let the petitioners, above named, who are in custody since 10.09.2009 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 Laukaha P.S. Case No. 42 of 2009 to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, 2 on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) 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, (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 he/they fail(s) to do so on two given dates and delays the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse and (iv) that the petitioners will be well represented on each date and if he/they fail(s) to do so on two consecutive dates, his/their bail will be liable to be cancelled. S.A. (Anjana Prakash, J)