IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35280 of 2009 TUNNA BIND, son of Ramchandra Bind, Resident of village-Malhipur, Bind Toli, P.S.-Barauni, District-Begusarai. ……Petitioner Versus The State Of Bihar …….Opposite Party With Cr.Misc. No.35619 of 2009 BHATIGNA BIND, son of Yogi Bind, resident of village-Malhipur Bind Toli, P.S.-Barauni(Chakiya O.P.) District-Begusarai …….Petitioner Versus The State Of Bihar ……Opposite Party ----------- 02. 15.10.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 353, 307 of the Indian Penal Code. It has been submitted that in the firing and cross firing no police personnel was injured and in fact two of the accused persons only had sustained injury. The further submission is that the petitioners are merely members of the mob and there has been no recovery from their possession. In the aforesaid circumstances, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5000/-(five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Barauni(Chakiya O.P.) P.S. Case No. 28 of 2008 subject to the conditions that 2 (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 bailors 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 date fixed for charge and will not delay the trial and if they fail to do so on two given dates and delay the trial in any manner then their bail will be liable to be cancelled. Shageer (Anjana Prakash, J)