IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27664 of 2010 1. SANJAY SAH, SON OF LATE RAMDEO SAH 2. KUNAL KUMAR, SON OF SANJAY SAH Versus STATE OF BIHAR ----------- 2. 18.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 307, 379, 324, 323, 341 and 504/34 of the Indian Penal Code. It has been submitted that even though the petitioners were refused bail earlier by an order dated 18.2.2010 vide Cr. Misc. 4525 of 2010 and the application was permitted to be withdrawn by an order dated 21.5.2010 vide Cr. Misc. 18997 of 2010 but now the parties have compromised between themselves and, therefore, a fresh bail application has been filed. Considering the same, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari, in Ramgarhwa P.S. Case No. 134 of 2009 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. The bailor will undertake to furnish information to 2 the court about any change in address of the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not 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. (iv)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. (v) 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. The Magistrate before releasing the petitioners on bail will summon the Informant and confirm that he has filed the petition dated 29.6.2010 without coercion. S.Ali ( Anjana Prakash, J.)