IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10021 of 2010 1. SUNIL SINGH @ BHUSHAN SINGH son of Rajendra Singh 2. Akhilesh Singh Son of Rajendra Singh & 3. Chandan Singh son of Akhilesh Singh Versus STATE OF BIHAR ----------- 3/ 13.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. Prosecution case is that unlawful assembly of eleven persons including the present petitioners variously assaulted the deceased on account of which he sustained four injuries and died. There is no specific overt act alleged against the petitioners. By way of supplementary affidavit antecedent of the petitioners has been brought on record from which it appears that the petitioners are presently accused in two cases besides the present one and both the cases were instituted by the family members of the informant. In view of such, 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 to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Wazirganj P.S. case no.246 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 bailor shall also state on - 2 - 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,(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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iv) 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. JA/- (Anjana Prakash, J.)