IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22909 of 2010 1. BINOD MURMU S/o Fagu Murmu 2. GITA @ SONI SORAN w/o Binod Murmu 3. MAJHLI @ MANJHALI @ ANJALI D/o Fagu Murmu Petitioners Versus STATE OF BIHAR Opp. Party ----------- 02 08.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 143,144,427 of the Indian Penal Code and 3/ 4 of the Explosive Substance Act as well as 2/3 Prevention of Damage to Public Property and 17 of the Criminal Law Amendment Act. It is being submitted that petitioners are not named in the first information report whereas 50/60 Maoists committed rampage. However, names of petitioners transpire in the confessional statement of co-accused. They have no criminal antecedent nor they belong to any extremist organization nor is any case pending against them. As against petitioner no.1, there was a criminal case of the year 2006 in which he has been acquitted now. In view of such, 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 the Chief Judicial Magistrate, Banka in Balhar P.S. Case no. 122 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 affidavit shall clearly state that the petitioners are not an accused in any other case - 2 - 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 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 (v) that the petitioners will be represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. shahid (Anjana Prakash, J)