IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6635 of 2010 BIGAN RAM son of Rajendra Ram Versus STATE OF BIHAR With Cr. Misc. No. 16343 of 2010 DAYA NAND THAKUR @ BINOD THAKUR son of Late Ganauri Thakur Versus STATE OF BIHAR ----------- 4/ 13.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302 and other allied sections of the Indian Penal Code, section 27 of the Arms Act, section ¾ of the Explosives Substance Act and section 17 of the Criminal Law Amendment Act. The prosecution case is that 40-50 unknown extremists shot dead the son of the informant and his driver. The petitioners name transpired during investigation that they had been seen somewhere near the place of occurrence. However, there is no positive material against the petitioners. In view of such, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in connection with Hulasganj (Ghoshi) P.S. case no. 314 of 2002 (Cr. Misc. No.6635 of 2010) / Sub-Divisional Judicial Magistrate, Jehanabad, in connection with Trial No.1461 of 2010, arising out of Hulasganj (Ghoshi) P.S. case no.314 of 2002 (Cr. Misc. No. 16343 of 2010), subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an - 2 - 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. The court shall insist on proper identification of the petitioners and the bailors preferably with photograph so that there is no risk of mistaken identity , (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 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, and (iv) 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. With regard to petitioner Bigan Ram, one of the bailors shall be his brother and with regard to petitioner Daya Nand Thakur @ Binod Thakur, one of the bailors shall be his wife. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Superintendent of Police, Jehanabad, within fifteen days of their release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioners will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any - 3 - respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. JA/- (Anjana Prakash, J.)