IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10631 of 2010 1. SHAMBHU MISHRA s/o Sri Narendra Mishra, & 2. Brajesh Tiwary @ Guddu Tiwary s/o Ravindra Nath Tiwary Versus STATE OF BIHAR ----------- 2/ 12.04.2010 Heard learned counsel for the petitioners, informant and the State. The prosecution case is that on 11.1.2010, the informant and other occupants of a car were intercepted by some accused persons and thereafter seven persons alighted from a Bolero Jeep out of which BirendraYadav, Ramashsish Yadav and Surendra Yadav on the orders of Amod tiwary fired at them due to which his brother Brajesh Rai and one Ashok Rai were killed. The petitioners are not named in the First Information Report but they were implicated in the confessional statement of the co-accused. However, pursuant to the same the petitioners were not put on test identification parade as one of the participants of the crime. Submission is that petitioner no.1 is accused in one other case i.e. Gopalganj P.S. case no.52 of 2010, which fact would be verified by the Magistrate before releasing the petitioner on bail, whereas, the petitioner no.2 is concerned, he has no criminal antecedents. The informant has opposed the application on the application that it is case of organized crime and the petitioners are active conspirators in the said occurrence. Taking into consideration the fact that there is no positive material against the petitioners, let the petitioners, above - 2 - named, 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, Gopalganj, in connection with Gopalganj P.S. case no.18 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 bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailors shall also state on affidavit that they 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 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, (iv) 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. JA/- (Anjana Prakash, J.)