IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 35604 of 2011 1. Vikram Sahani, S/o Late Makun Sahani. 2. Santosh Sahani, S/o Girija Sahani. Versus The State of Bihar ------------------ 03. 23.12.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 302 of the Indian Penal Code. The prosecution case is that the petitioner No. 2 and co-accused Rajesh Sahani called away the husband of the informant for a certain panchayati where ten persons were standing who further took him away and he was done to death. Considering that there is an allegation against the petitioner No. 2 of having called away the deceased, I am not inclined to grant bail to the petitioner No. 2 at this stage. The prayer for bail is rejected. With regard to petitioner No. 1, considering that there is no allegation of any specific overt act, let the petitioner No. 1, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, West Champaran at Bettiah in connection with Nautan P.S. Case No. 116 of 2011 subject to the 2 following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of 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. (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. (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)