IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13402 of 2010 1. CHHURA BIND @ JHURA BIND @ BHURA BIND son of Late Hansh Bind & 2. Ganauri Bind son of Barhu Bind Versus THE STATE OF BIHAR ----------- 2/ 29.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302/34 of the Indian Penal Code. The petitioners are said to the members of the unlawful assembly who variously assaulted the deceased on account of which he died. Allegation against the petitioners is that they were holding Bhala and assaulted with the same but the post mortem report reveals injury only caused by hard and blunt substance. In view of such, let the petitioners, above named, who are young persons, 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 Additional Sessions Judge, X, Patna, in connection with S. Tr. No.1500 of 2009, 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 - 2 - 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)