IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27759 of 2011 Samsad & Anr. Versus The State of Bihar ----------- 02 17.08.2011 Heard learned counsel for the petitioners. By this petition the petitioners have sought their enlargement on bail in Saraiya P.S.Case No.128/2011 dated 30.04.2011 for the offences under Sections 147, 148, 149, 186, 188, 341, 342, 323, 324, 325, 326, 307,427,431,337, 332, 380, 452, 353, 504 and 506 of the Indian Penal Code and 27 of the Arms Act as also under Section 3 (1) of Prevention of Damage to Public Property Act. Learned counsel for the petitioners submits that a perusal of the FIR itself shows that there is no specific allegation against the petitioners rather the allegations are general and omnibus in character. It is claimed that in fact the petitioners were not present at the place of occurrence rather they have been arrested by the Police raiding party well after the occurrence. It is also submitted that the petitioners have no criminal antecedents, however, they have been arrested and have been placed in judicial custody since 01.05.2011. He further states that three similarly situated persons namely, Sri Ashutosh Kumar, Sri Mukesh Kumar and Bhimanyu Kumar @ Abhi Manyu Kumar, whose names appear at sl.nos.2,3 and 4 of the FIR, had been arrested for similar offence arising out of the same transaction and have already been 2 granted bail by this Court in Cr.Misc.No.25111 of 2011 by order dated 04.08.2011. Considering that there is no specific allegation against the petitioners who are in jail custody since 01.05.2011 and is said to have no criminal antecedents and also in view of the fact that the three co-accused having already been granted bail as aforesaid this Court is of the view that the petitioners are also entitled to the benefit of bail. As such, let the petitioners, namely, Samsad and Basant Kumar be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Sub-divisional Judicial Magistrate, West Muzaffarpur, District Muzaffarpur in connection with Saraiya P.S.Case No.128 of 2011 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 petitioners. The bailors 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 bailors shall also state on affidavit that they 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 3 of bail on the ground of misuse,(iv) That the petitioners will give an undertaking that they will receive 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 and (v) 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. chandran (Vikash Jain, J.)