IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40932 of 2009 1. MUMTAZ MIAN @ MUMTAZ ALI SON OF GAUHAR ALI 2. RAM BALAK KAMKAR SON OF LATE RAM BACHAN KAMKAR Versus STATE OF BIHAR ----------- 2. 27.11.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 307, 326, 120B/34 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that even though in the first information report there is an allegation of the petitioners firing at the father of the informant, but the father of the informant was examined u/s.164 Cr.P.C., wherein he attributed his injuries to one Trilokinath Pandey and not the present petitioners. Taking into consideration the aforementioned facts, let the petitioners above named, who are in custody since 23.8.2009 and 24.6.2009 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Siwan Mufassil P.S.case No.150 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 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 - 2 - 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 and (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The petitioners will report to the Superintendent of Police, Siwan within fifteen days of their release and produce a copy of this order before the S.P. The S.P. concerned will keep watch of the petitioners’ conduct for the next six months and if it is found to be unsatisfactory a report of the same will be made to the court concerned and thereafter the court will proceed in the manner as prescribed in law for cancellation of their bail for reasons of misuse of bail. Narendra/ ( Anjana Prakash, J. )