IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46225 of 2009 1. NAWAB THAKUR 2. MADHUKAR THAKUR, BOTH SONS OF GIRJA THAKUR Versus STATE OF BIHAR ----------- 2. 12.1.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 341, 323, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act. Taking into consideration the fact that there was a counter version of the same occurrence and the petitioners are agnates and now the matter has been compromised, let the petitioners above named, who are in custody since 28.10.2009 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 C.J.M., Motihari in Harsidhi P.S.case No.142 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with 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 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 - 2 - bail will be liable to be cancelled for reasons of misuse. The learned Magistrate will consider the feasibility to immediately commit the case for trial so that it can be held expeditiously in view of the compromise between the parties. Narendra/ ( Anjana Prakash, J. )