IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43294 of 2009 PRABHAKAR CHOUDHARY, S/O Sri Rambriksh Choudhary, resident of Village- Sindhiya(Makandpur), P.S. Gopalpur, District- Bhagalpur........................................................................Petitioner. Versus THE STATE OF BIHAR..................................................Opposite Party. . with Cr.Misc. No.3849 of 2010 MUKESH KUMAR PATEL, Son of Late Asheshwar Prasad Singh, resident of Mohalla- Singhia, Makandpur, Police Station-Gopalpur, District- Bhaglapur..............................................................Petitioner. Versus THE STATE OF BIHAR.................................................Opposite Party. ----------- 2. 03.02.2010. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 363, 364,323, 379/34 of the Indian Penal Code. Taking into consideration the relationship between the parties and the fact that the informant had not been kidnapped for reasons of committing his murder or demand of ransom, let the petitioners above named of both the cases who are in custody since 30.09.2009 and 02.09.2009 respectively 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 the Learned Chief Judicial Magistrate, Katihar, in connection with Kursela P.S. Case No. 55 of 2009, G.R. No. 1703 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 they are related with the petitioners (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners 2 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 of bail 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 they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. U.K. (Anjana Prakash,J)