IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42887 of 2010 1. ABDUL SAMAD son of Md. Muslim, 2. Md. Aslam son of Abdul Gafoor, 3. Abdul Majid son of Md. Illiyas @ Md. Jahangir, 4. Nazir Alam @ Md. Gulab son of Jamshed Alam & 5. Eahshanullah @ Eahshan Maulvi son of late Samshul Versus THE STATE OF BIHAR ----------- 2/ 12.01.2011 Heard learned counsel for the petitioners and the State. The petitioners were allowed by order dated 8.11.2010 vide Cr. Misc. No.38225 of 2010 on the ground that there was no specific overt act alleged against them. However, an affidavit was required to be filed on their behalf that they are not accused in any other case. Since the petitioners were accused in the connected case instituted for the same occurrence in which a prayer has now been made for amalgamation of the two cases, such an affidavit could not be filed and the petitioners remained languishing in jail. Considering that on merits the petitioners were granted bail by this court, 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 or any other surety to be fixed by the court below to the satisfaction of the Sub- Divisional Judicial Magistrate, Pupri, Sitamarhi, in connection with Bajpatii P.S. Case No.108 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 bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the 2 bailors shall also state on affidavit that they 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 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, 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. JA/- ( Anjana Prakash,J.)