IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44093 of 2010 1. MANU THAKUR 2. SANJAY THAKUR 3. AJAY THAKUR ALL ARE SONS OF AVADH BIHARI THAKUR 4. UMESH THAKUR, SON OF BAIJNATH THAKUR 5. SAROJ YADAV, SON OF CHANDRADEO YADAV 6. SUBASH YADAV, SON OF GORAKH YADAV Versus THE STATE OF BIHAR ----------- 2. 15.03.2011 The learned counsel for the petitioners is permitted to make correction in the name of Petitioner No. 5. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 302, 307 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that with regard to the petitioners there is a general allegation of firing whereas the specific overt act has been alleged against the co-accused Vimlesh Thakur and Sunil Yadav. The further submission is that the occurrence took place on account of land dispute. Considering the same, 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 fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Buxar, in Brhampur (Chakki O.P.) P.S. Case No. 339 of 2009 subject to the following conditions: (i)That one of the bailors will 2 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 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 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. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)