IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28104 of 2010 1. BIKU MEHTA SON OF LATE MAHADEO MEHTA 2. UMESH MEHTA SON OF LATE NANDI MEHTA 3. KISHUNDEO MEHTA @ KISHUNDEO MANDAL SON OF MAUJI LAL MANDAL 4. DEEP NARAYAN MANDAL @ DEO NARAYAN MANDAL S/O KISHUNDEO MANDAL 5. YOGENDRA MANDAL @ JOGENDRA MANDAL SON OF MOHAN MANDAL Versus STATE OF BIHAR ----------- 2. 20.8.2010 Supplementary affidavit filed today be kept on the record. 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, 323, 324, 307, 379, 302 of the Indian Penal Code and 26, 27 of the Arms Act. It has been submitted that the first information report was instituted five days after the occurrence wherein no specific overt act has been alleged against the petitioners. In the supplementary affidavit the fact of the antecedents of the petitioners have been brought on record stating therein that the previous cases against the petitioners are on account of land dispute and not of criminal nature. Considering the same, let the petitioners above named, who are in custody since 18.6.2010, 25.6.2010 and 28.6.2010 respectively, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like - 2 - amount each to the satisfaction of Chief Judicial Magistrate, Supaul in T.R.No.722 of 2004 arising out of Bhimpur (Balua Bazar) P.S.case No.47 of 1998, 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, (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 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. Narendra/ ( Anjana Prakash, J. )