IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11668 of 2010 1. RAM BABU TANTI @ RAM BABU, S/o Chaidi Tanti. 2. Mukesh Tanti, S/o Chusho Tanti. Versus THE STATE OF BIHAR ----------- 02. 15.04.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. The petitioners are one of the six persons who were alleged to have variously assaulted the deceased. However, the post-mortem examination report reveals that the death was caused on account of drowning. In view of such, let the petitioners above named who are in custody since 07.10.2009 and have no criminal antecedents be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 135 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. The bailor will also undertake to inform the Court if there is any change in the address of the - 2 - 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. In case the petitioners tamper with prosecution evidence, the informant will be at liberty to file a petition before the court below who will then held a proper inquiry into the matter. Vikash/- (Anjana Prakash, J.)