IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21858 of 2010 1. SHAILENDRA SINGH SON OF SUKHDEV SINGH 2. RAJDHANI KUMAR SON OF LATE CHAMARI SINGH @ RAM PADARATH SINGH 3. SUNIL SINGH @ BAISHAKHI SINGH SON OF LATE TIRPIT SINGH 4. RAJEEV KUMAR SON OF SANEHI SINGH 5. AJAY SINGH SON OF LATE CHAMARI SINGH @ RAM PADARATH SINGH Versus THE STATE OF BIHAR ----------- 2. 6.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 323, 324, 325, 307 of the Indian Penal Code and 27 of the Arms Act. It has been submitted that it appears to be a case of free fight between the parties since for the same occurrence another case was instituted by the accused persons and in the facts of the case it does not appear to be a case u/s.307 I.P.C. In view of such, let the petitioners above named, who are in custody since 4.6.2010, 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, Sheikhpura in Shekhopur Sarai P.S.case No.47 of 2010, 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. The bailor will undertake to furnish information to the court about any change in the address of the - 2 - petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an 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 and (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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )