IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40796 of 2009 1. RANJEET YADAV son of Late Bhupendra Yadav, 2. Suresh Roy @ Shailesh Kumar Roy @ Shailesh Kumar, son of Late Jawahar Roy, & 3. Sushil Roy, son of Late Khelari Roy Versus STATE OF BIHAR ----------- 3/ 18.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 147, 148, 149, 323, 307 of the Indian Penal Code. By order dated 30.11.2009, the matter had been ordered to be listed on 18th January, 2010, within top twenty cases with the obvious intention of granting bail to the petitioners on the said day. Taking into consideration the above mentioned fact, let the petitioners, above named, who are in custody since 21st October, 2009, 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, Saharsa, in connection with Bihra P.S. case no.138 of 2009, 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, (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, and (iii) that the petitioners will give - 2 - 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, his bail will be liable to be cancelled for reasons of misuse. JA/- (Anjana Prakash, J.)