IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13092 of 2010 1. SANJAY KUMAR 2. RANJAY KUMAR, BOTH SONS OF AWADHESH PRASAD Versus STATE OF BIHAR ----------- 2. 28.4.2010 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, 452, 323, 324, 307 and 364 of the Indian Penal Code. The prosecution case is that the petitioners variously assaulted the informant and took away his minor daughter. Subsequently the informant filed a petition before the Chief Minister, Bihar resiling from his statement and exonerating the petitioner, which is Annexure-2 to the petition. It is submitted that the petitioners have no criminal antecedents and in view of the petition of the informant no case is made out against the petitioners. In view of such, let the petitioners above named, who are in custody since 12.10.2009 and 8.7.2009 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, Gaya in Khizersarai P.S.case No.109 of 2007, 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 - 2 - petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (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 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. The Magistrate concerned before releasing the petitioners on bail will notice the informant and verify that he had given a petition before the Chief Minister, Bihar exonerating the petitioners. Narendra/ ( Anjana Prakash, J. )