IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24903 of 2010 LAL BABU GUPTA son of Sri Shiv Prasad Gupta Versus STATE OF BIHAR With Cr. Misc. No. 25307 of 2010 HARI PASWAN @ HARIYA son of Sri Shashi Bhushan Paswan Versus STATE OF BIHAR With Cr. Misc. No. 17661 of 2010 MIKI YADAV son of Misari Yadav Versus STATE OF BIHAR ----------- 2/ 26.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302, 120-B/34 of the Indian Penal Code. The prosecution case is that the brother of the informant was called by co-accused Mikki, Danish, Firoz, Chand and thereafter the informant’s son reported that the deceased had been done to death by the accused persons. Submission is that even though there is allegation of six persons having assaulted the deceased with bricks and stones but only three injuries were found in the post mortem report. Considering that there is no specific allegation against the petitioners nor has any motive to commit the occurrence and have no criminal antecedents, let the petitioners, above named, 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 Chief Judicial - 2 - Magistrate, Jamui, in connection with Jhajha P.S. Case No. 23 of 2010, 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 released on bail, (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, their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)