IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10897 of 2010 1. LALLAN RAI son of Kitab Rai & 2. Ashok Rai son of Kalika Rai Versus STATE OF BIHAR ----------- 2/ 13.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 307 and other allied sections of the Indian Penal Code. Considering that fard beyan has been instituted four days after the occurrence without any explanation for the same and that there is no allegation against the petitioner of having thrown bombs, let the petitioners, above named, who are in custody since 4.1.2010 and have no criminal antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Parsa P.S. case no. 41 of 2008, 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 - 2 - 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. JA/- (Anjana Prakash, J.)