IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.254 of 2011 1. CHANDAN KUMAR @ CHANDAN BIND 2. SURAJ KUMAR @ SURAJ BIND BOTH SONS OF MAHESH BIND @ MAHESHI BIND AND R/O- VILLAGE- CHAMANDI, P.S.- CHANDAUTI, DISTRICT- GAYA Versus THE STATE OF BIHAR 2 01.03.2011 Heard both sides. Petitioners herein are full brothers. They have been roped in a case instituted under Sections 302/34 IPC along with other members of the family. According to the prosecution case, on the date of occurrence, these persons had arrived at the house of the informant and had quarreled in which certain assaults were inflicted on the victim. He was subsequently carried to the clinic of a doctor where he was operated upon after two days and in course of treatment, the victim died. Petitioners seem to be in custody since 19.10.2010. From perusal of the F.I.R., it does not appear that they were found in company of persons having criminal antecedents. It is asserted on behalf of the petitioners that they have no criminal antecedents. The affidavit attached with the bail application has been affirmed by father who has taken responsibility relating to the petitioners in case they are released on bail. Having considered the submissions advanced on behalf of the parties and after going through the materials on record, this Court, while setting aside the impugned orders, - 2 - directs for release of the petitioners abovenamed on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of Juvenile Justice Board, Gaya in connection with G.R. No. 2776/2010/Tr. No. 1239/10 (arising out of Chandauti P.S. case No. 215 of 2010) subject to the following conditions: (i) One of the bailors shall be father of the petitioners. (ii) The father shall keep a guard on the petitioners and shall produce before the Court as and when required. In case of default in such appearance, the Court below shall be at liberty to cancel the bail bonds of the petitioner. (iii) During subsistency of the present privilege of bail, if it is found that the petitioners have indulged themselves in another criminal case, same shall be treated as a breach of condition of bail entailing cancellation. pkj (Kishore K. Mandal, J)