IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11906 of 2010 1. ABHAY SINGH @ PHAIJU SINGH son of Arun Singh & 2. Satish Singh @ Sintu Singh son of Babban Singh Versus STATE OF BIHAR ----------- 4/ 23.06.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under sections 341, 302,120-B/34 of the Indian Penal Code. In the First Information Report, allegation against the petitioners is that they shot dead the father and brother of the informant when the informant and the deceased were asserting their rights on a certain piece of land. It has been submitted that in fact the place of occurrence was a disputed plot upon which a proceeding under section 144 Cr. P.C. had been initiated. In fact, it was the deceased and the informant, who as aggressor, had forcibly tried to assert their rights over the said land despite the restraint orders as is evident from Annexure-2, which is the report of Bhabhua P.S.. It has further been submitted that in the facts of the case no offence under section 302 Indian Penal Code would be made out and at best a case section 304 Indian Penal Code would be made out. In view of such, let the petitioners, 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 the Chief Judicial Magistrate, Bhabhua, in connection with Bhabhua P.S. Case No.441 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 - 2 - genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail, (iii) 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,(iv) 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. JA/- (Anjana Prakash, J.)