IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11638 of 2010 1. MANGAL CHAUHAN, SON OF LATE SUKAR CHAUHAN 2. GODEL CHAUHAN, SON OF LATE HORIL CHAUHAN Versus STATE OF BIHAR ----------- 2. 16.06.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 328, 302/34 of the Indian Penal Code. It has been submitted that First Information Report has been instituted merely on suspicion and even during investigation, there was no further material apart from the allegation contained in the First Information Report. Moreover, during trial Informant has also not supported the case of prosecution. In view of such, let the petitioners above named, 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 Additional Sessions Judge, F.T.C. 1st, Nawada, in Sessions Trial No. 245 of 2008/101 of 2008 arising out of Sirdala P.S. Case No. 24 of 2008 subject to the following conditions: (1) 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 2 about any change in the address of the petitioner. (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 the cancelled. S.Ali (Anjana Prakash, J.)