IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13798 of 2010 1. SHANKAR SINGH PATHIK S/O LATE DEBAN SINGH 2. GANGA SINGH S/O LATE DEBAN SINGH 3. KARAN SINGH S/O GANGA SINGH Versus STATE OF BIHAR ----------- 2. 4.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 302/34 of the Indian Penal Code. By an order dated 16.12.2009 the petitioners were refused bail at that stage considering the merits of the case. The petitioners have renewed their prayer for bail after having remained in custody since 17.6.2009 and since there is no specific overt-act against them and co-accused has been released on bail by this court vide Annexure-3. 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 Chief Judicial Magistrate, Bhagalpur in Ishakchak P.S.case No.33 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. The 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 accused in any other case and if they are they shall not be released on bail, - 2 - (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 and (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. The fact that the petitioners are not accused in any other case will be verified by the Magistrate concerned before releasing the petitioners on bail. Narendra/ ( Anjana Prakash, J. )