IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36713 of 2009 1. HORIL DAS SON OF VINOD DAS @ BINO DAS 2. BAIGUN @ BAGANMA @ BINDESHWAR DAS, SON OF BINO DAS. 3. VINOD DAS SON OF LATE MANIK DAS 4. RANJIT DAS SON OF BAIJNATH DAS 5. BHUKHAL DAS SON OF LATE BHAJU DAS ALL RESIDENT OF VILLAGE-SURAULI, P.S. BIBHUTIPUR, DISTT. SAMASTIPUR. ------ PETITIONER. Versus STATE OF BIHAR ----------- 2. 29/10/2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 326, 323,307 of the Indian Penal Code and Section 27 of the Arms Act. Taking into consideration the fact that on account of a minor altercation between the parties which escalated into assault and firing and even though the petitioner No. 4 is said to have fired but he caused injuries on non-vital parts, let the petitioners above named (petitioners No. 1 and 2), who are in custody since 6.7.2009 and (petitioners No. 3 to 5) who are in custody since 23.7.2009, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rosera, Samastipur, in connection with Bibhutipur P.S. Case No. 140 of 2009 subject to the following 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 2 petitioners. (ii)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. (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, his bail will be liable to be cancelled for reasons of misuse. S. Ali (Anjana Prakash, J.)