IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5780 of 2010 1. RAMESHWAR BIND 2. RAM ASHISH BIND, BOTH SONS OF LATE SITA RAM BIND 3. SUDESHWAR BIND SON OF JHIGAN BIND 4. MAHENDRA BIND SON OF LATE RAM DEO BIND 5. SANJAY BIND SON OF SUDESHWAR BIND Versus THE STATE OF BIHAR With Cr.Misc. No.6953 of 2010 AKHILESH BIND SON OF RAM LAKHAN BIND Versus STATE OF BIHAR ----------- 4. 12.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 341, 448, 302 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that 17 named accused persons came to the place of occurrence and thereafter all of them had fired at the two deceased. It has been submitted that there is no specific overt-act against the petitioners and have no criminal antecedents. In view of such, let the petitioners above named, who are in custody since 11.12.2009, 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 S.D.J.M., Masaurhi in Masaurhi (Bhagwanganj) P.S.case No.7 of 2005 (In Cr.Misc.No.5780 of 2010) and F.T.C.2, Patna in S.Tr.No.1560 of 2009 arising out of Masaurhi (Bhagwanganj) P.S.case No.7 of - 2 - 2005 (In Cr.Misc.No.6953 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 bailor 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 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 and (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )