IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41285 of 2009 1. Ramadhar Singh. 2. Sheo Kumar Singh. Both Sons of Late Saheb Singh. Versus THE STATE OF BIHAR ----------- 03. 06.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Section 364 of the Indian Penal Code. Taking into consideration the fact that the victim was detained on account of certain differences in financial transaction between the accused and the victim and the intention evidently was neither to commit the murder nor kidnapping for ransom and apart from the cases i.e. Sanjhauli P.S. Case No. 73 of 2009 and Complaint Case No. 2250C of 2008 there is no other case pending against the petitioners, let the petitioners above named who are in custody since 27.09.2009 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 Sub-Divisional Judicial Magistrate, Bikramganj in connection with Sanjhauli P.S. Case No. 74 of 2009 - 2 - subject to the following 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. (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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The Magistrate concerned is directed to verify the fact that the petitioners are accused in only two other above-mentioned cases before releasing the petitioners on bail and if it is found to be incorrect the petitioners will not be released on bail. Vikash/- (Anjana Prakash, J.)