IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25080 of 2009 DINESHWAR SINGH, S/O Raghunandan Singh .. Petitioner Versus STATE OF BIHAR .. Opposite Party With Cr. Misc. No.37854 of 2009 1. AWDHESH SINGH, S/o late Shiv Pujan Singh 2. VIDYA SAGAR SINGH, S/o Awadhesh Singh 3. DHARAM RAJ SINGH, S/o Dineshwar Singh .. Petitioners Versus THE STATE OF BIHAR .. Opposite Party **** /3/ 20.11.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 302, 324 and 201/34 of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that the petitioners were not named in the first information report which was instituted four days after the occurrence and, thereafter, some witnesses stated that the deceased was seen in the company of the petitioners and some altercation also took place between them, but, there is no explanation why witnesses did not disclose the names of these petitioners or report to the police at earlier point of time and waited till registration of the first information report, let the petitioners, 2 above named, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Karpi (Sahara Telpa) P.S. Case No. 85 of 2008 to the satisfaction of the Chief Judicial Magistrate, Jehanabad, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving 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 petitioner(s) is/are implicated in any other case of similar nature after his/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 (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 he/they fail(s) to do so on two given dates and delay(s) the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)