IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12746 of 2010 MUNNA SAH @ RANJEET SAH @ MUNNA SAH son of Sri Gobardhan Sah @ Bihari Sah Versus STATE OF BIHAR With Cr. Misc. No. 14253 of 2010 1. RAJIV SAH son of Sri Gobardhan Sah & 2. Janak Lal Sah son of Late Asarfi Sah Versus STATE OF BIHAR ----------- 2/ 26.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act. The petitioners are named in the First Information Report as one of the five accused persons, who surrounded the deceased. However, the allegation of firing in upon co-accused Gobardhan Sah @ Bihari Sah and Ashok Sah. In view of such, let the petitioner Munna Sah @ Ranjeet Sah @ Munn Sah (Cr. Misc. No.12746 of 2010) and Janak Lal Sah (Cr. Misc. No.14253 of 2010), against whom there is no criminal antecedent, and petitioner Rajiv Sah (Cr. Misc. No.14253 of 2010), against whom there is no case presently pending, 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 Additional Chief Judicial Magistrate, Naugachia, in connection with Gopalpur P.S. case no.41 of 2010, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an - 2 - affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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 petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Petitioner Munna Sah and Janak Lal Sah will given an affidavit that they are not accused in any other case, whereas, petitioner Rajiv Sah will give an affidavit that presently there is no case pending against him which fact will be verified by the Magistrate before releasing the petitioners on bail. JA/- (Anjana Prakash, J.)