IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.509 of 2010 1. MAHABIR SAH,S/O LATE SHIV SAH 2. KAILASH SAH @ BAUWAJEE, S/O MAHABIR SAH Versus STATE OF BIHAR **** /2/ 18.01.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 341, 323, 307, 504 and 379/143 of the Indian Penal Code and 27 of the Arms Act. 3. Taking into consideration the fact that the occurrence took place on account of dispute over building f a wall and no injury was caused on the vital part nor was it repeated, let the petitioners, above named, who are in custody since 20.04.2009 and 24.02.2009 respectively be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Sessions Trial No. 301 of 2009 arising out of Bathnaha P.S. Case No. 19 of 2009 to the satisfaction of the Additional Sessions Judge, Fast Track Court, VII, Sitamarhi, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the 2 affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/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 petitioner(s) is/are implicated in any other case of similar nature after his/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 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 he/they fail(s) to do so on two given dates and delays the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J)