IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2128 of 2010 1. HARE RAM PASWAN 2. SIYARAM PASWAN, BOTH SONS OF DAYANAND PASWAN 3. SHIV RATAN PASWAN 4. MUNNA PASWAN, BOTH SONS OF RAJ BALLABH PASWAN Versus STATE OF BIHAR **** /2/ 03.02.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Section147, 148, 452, 380, 323, 324 and 307 of the Indian Penal Code. 3. Taking into consideration the fact that there is a counter version of the same occurrence for which a counter case was instituted by the mother of petitioners 1 and 2 and on the facts of the case the submission is that it would not be a case under Section 307 of the Indian Penal Code, let the petitioners, above named, who are in custody since 29.10.2009 be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Arrah Town P.S. Case No. 301 of 2008 to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Arrah, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving 2 genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail, (iii) 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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)