IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31900 of 2010 1. VIJAY KUMAR RAI S/O CHANDESHWAR RAI 2. NANHAK RAI @ DHRUV NARAYAN RAI S/O LATE HEMAN RAI Versus STATE OF BIHAR ----------- 3. 24.11.2010 Heard learned counsel for the petitioners, learned counsel for the informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 302, 379, 380, 427, 448 and 455 of the Indian Penal Code. On 27.12.2009 the father of the petitioner no. 1 instituted a case against the son of the informant alleging therein that the brother of the petitioner no. 1 had been shot dead by the son of the informant. When the matter was sought to sorted out by the husband of the informant he was allegedly variously assaulted by the petitioners and other co-accused persons, due to which the husband of the deceased died and several family members were injured. The learned counsel for the petitioner submits that there is no specific overt act alleged against the petitioners and there is a general 2 allegation against them. The informant has submitted that there is specific allegation against the petitioner no. 1 that he was one who participated in assaulting the deceased with a dagger. However, considering the background in which the occurrence took place, let the petitioners who have fair antecedent, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffassil P.S. Case No. 184/2009, subject to the conditions, (i) That one of the bailor 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 bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court 3 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 ground of misuse, (iv) 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, their bail will be liable to be cancelled for reasons of misuse, (v) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )