IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6192 of 2010 1. TILENDRA THAKUR S/O LATE SHRI RAM THAKUR 2. RAJ KISHORE RAI S/O LATE INDRADEO RAI Versus STATE OF BIHAR ----------- 3. 23.4.2010 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 and 27 of the Arms Act. In a bizarre incident during a marriage ceremony both the parties fired at each other, due to which one person lost his life. The petitioners are said to be the persons named in the first information report, who participated in the occurrence, but there is no specific overt-act against them. Subsequently the informant filed a protest petition giving the details of the occurrence wherein he attributed the petitioners of having ordered, upon which Ramashish Rai fired at the son of the informant. In view of such, let the petitioners above named, who are in custody since 31.8.2009 and 4.9.2009 respectively, 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 Chief Judicial Magistrate, Buxar in Brahmapur (Mainijor) P.S.case No.118 of 2009, subject to the conditions (i) That one of the bailors shall be local since the petitioners belong to Bhojpur district and the other bailor will be a close relative of the - 2 - 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 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. )