IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13147 of 2010 1. ASHOK KUMAR SINGH, SON OF LATE LAKSHAMESHWAR PD. SINGH 2. BARSHAN KUMAR SINGH @ BARSHAN KR. SINGH, SON OF UJJA SINGH 3. ASHOK KUMAR @ KUMAR SINGH @ ASHOK KR. SINGH, SON OF HARIDYAL SINGH. Versus STATE OF BIHAR ----------- 4. 14.07.2010 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, 342, 307 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that while the petitioners No. 1 and 2 caught hold of the deceased, other co-accused persons fired at the deceased. The reason for the occurrence is that previously rangdari was being demanded from the deceased and this occurrence had taken place on account of failure for fulfillment of the same. The Informant has filed a copy of the earlier informatory petition that has been filed by the deceased with regard to the demand of rangdari and it appears that petitioner No. 3 is named therein. In view of such, I am not inclined to grant bail to the petitioner No. 3. The prayer for bail of petitioner No. 3 is rejected. With regard to petitioners No. 1 and 2, since there is no allegation that the petitioners had fired, let the petitioners 2 No. 1 and 2 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 Chief Judicial Magistrate, Vaishali at Hajipur, in Bidupur P.S. Case No. 366 of 2009 subject to the following 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 and the other shall be the wife of the petitioners. The bailor will undertake to furnish information to the court about any change in 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 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. In case, any application is filed on behalf of the Informant that the petitioners are tampering with the prosecution evidence, a proper enquiry should be done in the matter to ensure that no party is caused injustice. S.Ali ( Anjana Prakash, J.)