IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45353 of 2009 1. NASIM ALAM 2. KADIR ALAM, BOTH SONS OF LATE KALIM AHMAD 3. SHAHZAD ALAM 4. NAUSHAD ALAM, BOTH SONS OF ZAHEER ALAM Versus STATE OF BIHAR ----------- 3. 11.1.2010 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, 307, 323, 324 and 379 of the Indian Penal Code. Taking into consideration the fact that the occurrence took place on account of a petty dispute over payment of money and only simple injuries were caused to the injured, let the petitioners, above named, who are in custody since 26.10.2009 and have no criminal antecedents, 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, Bettiah, West Champaran in Sikarpur P.S.case No.263 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with 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 bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case - 2 - of similar nature after his 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 of bail and (iv) 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. Narendra/ ( Anjana Prakash, J. )