IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9302 of 2010 1. MANOJ KUSHWAHA S/O SUGRIV BHAGAT 2. GAURISHANKAR KUSHWAHA @ JAGGU KUSHWAHA S/O LATE RAMDEO BHAGAT Versus STATE OF BIHAR ----------- 2. 17.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 326, 307 and 120B of the Indian Penal Code and 27 of the Arms Act. The petitioners have been named in the first information report as being conspirators for intending to cause the death of the informant and his neighbour Punyadeo Yadav on account of an earlier dispute between them. The admitted position is that the petitioners were in jail at the time of occurrence and there is only suspicion against them. Under the circumstances, let the petitioners above named, who are in custody since 22.5.2009, 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 A.C.J.M., Bagaha (West Champaran) in Bagaha P.S.case No.160 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 giving genealogy as to how he is 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 - 2 - 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, (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 and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, his their will be liable to be cancelled. In view of nature of allegations against the petitioners, the petitioners are directed to appear before the Superintendent of Police, Bagaha (West Champaran) within fifteen days of their release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Narendra/ ( Anjana Prakash, J. )