IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2510 of 2010 NOORAYAN MIAN @ NOORAIN MAIN SON OF NASHRUDDIN MIAN Versus THE STATE OF BIHAR with Cr.Misc. No.2546 of 2010 HAFIZ MIAN @ JHURATHI MIAN Versus THE STATE OF BIHAR ----------- 2. 04/02/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section of the Indian Penal Code. It has been submitted that the occurrence took place at about 1.30 in the night of 1/2. 8.2009. Thereafter a written report was given by the Informant before the Officer- in-Charge Shikarpur Police Station. However, Annexure-2 the production list shows that the petitioners were arrested on 2.8.2009 at 12.00 Noon which evidently points to the falsification of documents at some end. Moreover even though, the petitioners were arrested a few hours after the occurrence, no incriminating article was recovered from their possession. The petitioners have no criminal antecedents. In view of the above, let the petitioners 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 to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. 2 Case No. 189 of 2009 subject to the following 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 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. (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. S.Ali (Anjana Prakash, J.)