IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23257 of 2010 1. AWADHESH RAI son of Braj Kishore Rai @ Dinu Rai 2. Mukesh Rai son of Shambhu Rai, 3. Manoj Kumar Rai @ Manoj Rai son of Late Nand Lal Rai & 4. Arvind Kumar @ Arbind Rai son of Rajeshwar Rai Versus STATE OF BIHAR ----------- 2/ 13.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. It has been submitted that even though the petitioners were named in the First Information Report, final report was submitted in their regard and the learned Magistrate did not disagree with the same, but thereafter the petitioners have been summoned to face trial under section 319 Cr. P.C. In view of such, let the petitioners, above named, who are in custody since 4.6.2010 and 27.5.2010 respectively, 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 3rd Additional Sessions Judge, Saran at Chapra, in connection with Dariyapur P.S. Case No.33 of 2005 (Sessions Trial No. 105 A of 2007), 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 bailors 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 - 2 - 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 for cancellation of bail on the ground of misuse,(iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)