IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.16157 of 2010 1. RAJBANSH RAM s/o Late Jhuri Ram, 2. Dharmendra Ram S/o Raj Bansh Ram, 3. Sunil Ram S/o Ramji Ram 4. Ghur Patar Ram s/o Late Jhru Ram 5. Bharat Ram S/o Gyani Ram 6. Jiramati Devi W/o Raj Bansh Ram 7. Mankeshra Devi W/o Ramji Ram & 8. Ramji Ram S/o Ram Bilash Ram Versus THE STATE OF BIHAR With Cr. Misc. No. 18498 of 2010 KAMESHWAR RAM son of Elaku Ram Versus STATE OF BIHAR ----------- 2/ 18.05.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. For the same occurrence two versions have been given by each of the parties. In the present First Information Report, there is general allegation against all the petitioners of having injured three persons in which transaction the deceased Ramashanker Ram lost his life next day. However, petitioner Kameshwar Ram is not named in the First Information Report. In view of there being no allegation of specific overt act against the petitioners, let the petitioners, above named, who have no criminal antecedents, 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 Chief Judicial Magistrate, Kaimur at - 2 - Bhabua, in connection with Durgawati P.S. case no.25 of 2010, 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 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 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 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. JA/- (Anjana Prakash, J.)