IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13758 of 2010 SUDHIR KUMAR SON OF LATE BINOD PRASAD YADAV, R/O MOHALLA- KAIMA SIKOH, P.S.- CHOWK, DISTRICT- PATNA Versus STATE OF BIHAR with Cr.Misc. No.14569 of 2010 VIKASH KUMAR @ MITHU PASWAN @ BABLOO SON OF NIRANJAN PASWAN, R/O VILLAGE- RAM NAGAR,P.S.- JAKKANPUR, DISTRICT- PATNA Versus STATE OF BIHAR ----------- 2 30/04/2010 Above noted applications have arisen out of one occurrence which led to registration of Alamganj P.S. Case No. 235 of 2009 have been heard together and are being disposed of by this common order. The petitioners seek bail in a case which has been registered under Sections 302/34 of the Indian Penal Code and Section 27of the Arms Act in which two persons were shot dead. According to the allegation, the informant was having enmity with the named accused and it is alleged that on the date of occurrence i.e. on 21.10.2009 Chenarik Rai was shot at by Shankar Patel and Bablu was Shot at by Vikram and both injured succumbed to their injuries. Submission is that the petitioners are not named in the FIR. Their names have come in the confessional statement of other accused Anand Kumar Yadav who has been admitted to bail by this court vide order dated 17.3.2010 passed in Cr. Misc.No. 9308 of 2010. 2 Considering the facts and circumstances of the case, the petitioners above named of both the cases are directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M./concerned Court, Patna City in connection with Alamganj P.S. Case No. 235 of 2009, subject to the 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, (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 he fails 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 and (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. avin (Shyam Kishore Sharma, J.)