IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9366 of 2010 1. RAMESH KAPAR, SON OF LATE SHRI KISHNA KAPAR @ KISHUN KAPAR 2. HARDEO KAPAR, SON OF LATE FEKAN KAPAR Versus THE STATE OF BIHAR with Cr.Misc. No.9637 of 2010 1. SURESH KAPAR, SON OF LATE SRI KRISHNA KAPAR @ KISHUN KAPAR 2. LAXMESHWAR KAPAR, SON OF LATE HARINAM KAPAR @ HARINE KAPAR Versus STATE OF BIHAR ----------- 2. 17/03/2010 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. Taking into consideration the fact that there is no specific overt act alleged against the petitioners, and other co- accused persons similarly placed have been released on bail, 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 Sub Divisional Judicial Magistrate, Pupri, at Sitamarhi, Distt. Sitamarhi, in connection with Pupri P.S. Case No. 62 of 2009 corresponding to G.R. No. 198 of 2009 (in Cr. Misc. No. 9366 of 2010) and A.D.J. , F.T.C. – II, Sitamarhi, in connection with Sessions Trial No. 57 of 2010 arising out of Pupri P.S. Case No. 62 of 2009 corresponding to G.R. No. 198 of 2009 (in Cr. Misc. 9637 of 2010) subject to the - 2 - 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. (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 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.)