IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39379 of 2011 1. Rajiv Mahto, son of Mahesh Mahto. 2. Mahesh Mahto alias Langra, son of Nawab Mahto. Both resident of village-Hanuman Nagar, Simari, P.S.-Gaighat, District- Muzaffarpur. ……….Petitioners. Versus The State of Bihar ……….Opp. Party. ----------- 2 24.11.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. There is no direct evidence that the petitioners had shot dead the deceased and the only material against them is that they had been seen fleeing away from the place of occurrence and, therefore, suspected to be involved in the present occurrence. It is submitted that they have fair antecedent, and similarly circumstanced co- accused Raj Kumar Sahni, Suresh Sahani and Sunil Kumar have already been granted bail by order dated 28.9.2011 and 29.11.2011 passed in Cr. Misc. No. 33204 of 2011 and Cr. Misc. No. 28415 of 2011 by different benches of this Court. Considering the facts and circumstances of the case, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Gaighat P.S. Case No. 184 of 2011 subject to the following conditions: (i) That one of the bailors will 2 be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners and the other shall be the father of 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. (v) 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. Sanjeet/ (Ashwani Kumar Singh, J.)