IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38653 of 2010 1. ASHOK NONIA S/O SITARAM CHOUDHARY 2. PRAHALAD CHOUDHARY S/O BADRI CHOUDHARY Versus THE STATE OF BIHAR ----------- 2. 15.11.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 399, 402, 353, 326, 333, 307/34 of the Indian Penal Code and 27 of the Arms Act. The learned counsel for the petitioner is permitted to make correction in paragraph 5 of the petition to the effect that he is an accused in one other case instituted for the same occurrence. Considering that the petitioners were not arrested on the spot and are in custody since 29.7.2010 and 31.7.2010 respectively and apart from one other case, petitioners have fair antecedent, 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 or any other surety to be 2 fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Sikaraul P.S. Case No. 36/2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the father/brother/mother of the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) 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 ground of misuse, (iii) 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 3 for reasons of misuse, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The fact that there is only one other case pending against the petitioner will be verified by the Magistrate before releasing the petitioner on bail. Fahad. ( Anjana Prakash, J. )