IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20667 of 2010 1. JEETAN MAHTO SON OF LATE SONAI MAHTO 2. PARIKSHAN MAHTO @ BINOD MAHTO @ BHULLI MAHTO SON OF SUKAN MAHTO Versus THE STATE OF BIHAR ---- 2. 17.6.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 144, 448, 427 and 379 of the Indian Penal Code. It has been submitted that the petitioners are close agnates of the informant and there is land dispute between the parties and during investigation the allegation of theft was found to be false. In view of such, let the petitioners, named above, who are in custody since 8.5.2010 and 13.5.2010 respectively and have no criminal antecedents, be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Jhanjharpur in Khutauna P.S.case No.32 of 2010, 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 - 2 - 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 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 and (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )