IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22546 of 2010 MD. AYUB S/O MD. RAHMAT MIAN Versus STATE OF BIHAR With Cr.Misc. No.24605 of 2010 MD. USHUF S/O MD. ABBAS Versus STATE OF BIHAR ----------- 3. 14.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 342, 323, 307 and 379 of the Indian Penal Code. It has been submitted that for an occurrence dated 27.2.2010 co-accused Md. Akbar instituted a case stating therein that the accused persons assaulted him when he demanded money for the eggs to them. Three days later the informant instituted the present first information report stating therein that the accused persons variously assaulted the informant and others. It has further been submitted that in the facts of the case it does not appear to be a case u/s.307 I.P.C. since it appears to be a case of free fight. In view of such, let the petitioners above named, who are in custody since 26.5.2010 and 4.6.2010 respectively, 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, Saharsa (In - 2 - Cr.Misc.No.22546 of 2010) and Sri S.P. Anand, Judicial Magistrate 1st class, Saharsa (In Cr.Misc.No.24605 of 2010) in Nauhatta P.S.case No.20 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 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 delays the trial in any manner, their bail will 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. Narendra/ ( Anjana Prakash, J. )