IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1051 of 2010 1. KEDAR RAM SON OF LATE MANGAL RAM 2. DULARCHAND RAM SON OF LATE SUNDAR RAM @ SUNI RAM Versus THE STATE OF BIHAR ----------- 2. 12.1.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302 of the Indian Penal Code and 27 of the Arms Act. On considering the merits of the case, the petitioner had been released on bail by an order dated 30.11.2009 vide Cr.Misc.No.40970 of 2009 on condition that an affidavit was to be filed that the petitioners have no criminal antecedents. However, it transpired that petitioner no.1 had three other cases pending against him and petitioner no.2 had one other case pending against him and, therefore, could not be released on bail. A fresh bail application has been filed stating the antecedent of the petitioners and this Court is satisfied that the antecedents are petty in nature and which do not interfere with the merits of the case. Therefore, let the petitioners above named 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 C.J.M., Khagaria in Maheshkhoot P.S.case No.55 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 genealogy as to how he is - 2 - related with the 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 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )