IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11369 of 2010 1. UPENDRA MUKHIYA, SON OF BHAGO MUKHIYA 2. CHHATU MUKHIYA, SON OF BHAGWAT MUKHIYA 3. CHANDU MUKHIYA, SON OF CHHATU MUKHIYA Versus THE STATE OF BIHAR ----------- 3. 16/04/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code. Considering that there is no specific overt act alleged against the petitioner and the only material that has transpired is that they had seen been fleeing away from the place of occurrence and there is land dispute between the parties, let the petitioners above named, who are in custody since 30.10.2009 and have no criminal antecedents, 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 Sonbarsa Raj P.S. Case No. 76 of 2009 subject to the following 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 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. (iii)That the bailor shall also state on affidavit that he will inform - 2 - 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 will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)