IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33999 of 2010 1. SONELAL BHAGAT, son of Hari Nandan Bhagat & 2. Sharmajee Bhagat, son of Sonelal Bhagat Petitioners Versus STATE OF BIHAR OP ----------- 2/ 06.10.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302/201/34 of the Indian Penal Code. Considering that there is no direct evidence against the petitioners and also the relationship between the parties, let the petitioners above named, who are in custody since 14.06.2010 be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of the Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 104 of 2010, 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. The 2 bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an 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 shall be liable to be cancelled for reasons of misuse, and (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. Ashwini/ (Anjana Prakash, J.)