IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30600 of 2010 1. ADALAT MANJHI, SON OF LATE KAPURCHAND MANJHI 2. AKHILESH MANJHI, SON OF ADALAT MANJHI Versus STATE OF BIHAR ----------- 2. 08.09.2010 Heard learned counsel for the petitioners, learned counsel for the Informant and the State. The petitioners seek bail in a case instituted for the offence under Sections 341, 323, 324, 326, 307 and 34 of the Indian Penal Code. Considering that the petitioner No. 1 assaulted the injured on account of which his right ear fell out but there is allegation of causing simple injury on the petitioner No. 2, I am not inclined to grant bail to the petitioner No. 1. Therefore, his prayer for bail is rejected. So far as the petitioner No. 2 above named is concerned, he is directed to be enlarged on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in Derni P.S. Case No. 24 of 2010 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in address of the petitioner. (ii)That the affidavit shall 2 clearly state that the petitioner is not an accused in any other case and if he is, he 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 is implicated in any other case 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. (iv)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Informant is also present and undertakes not to take undue adjournment in the matter and ensures smooth progress in the trial. In case, there is any inordinate delay in the trial for which the petitioner No. 1 is not responsible, he may renew his prayer for bail. S.Ali ( Anjana Prakash, J.)