IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16412 of 2010 1. BHIMA RISHI SON OF SUKHAN RISHI 2. BUDHU RISHI SON OF LATE LIBRU RISHI 3. ASHOK RISHI SON OF AKLU RISHI Versus STATE OF BIHAR ----------- 2. 18.5.2010 Learned Counsel for the petitioners is permitted to make correction in paragraph 10 of the petition in course of the day. Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. The prosecution case is that the husband of the informant was assaulted with a chhura by co-accused Bidyanand Rishi, whereas the petitioners assaulted the deceased with fists and slaps. The postmortem examination report reveals that one injury incised in nature was found on the person of the deceased, which was the cause of the death. In view of such, let the petitioners above named, who are in custody since 27.12.2009, 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, Purnea in Jalalgarh P.S.case no.109 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 giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish - 2 - 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 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )