IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6252 of 2010 1. RAKESH RAI, S/o Jaleshwar Rai. 2. Raj Kumar Ram @ Raju Ram, S/o Ganesh Ram. Versus THE STATE OF BIHAR ----------- 04. 20.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 307, 302 and 427 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case according to one Bindeshwar Prasad is that one person who had muffled his identity came and fired with his carbine due to which two persons lost their lives and one person was injured. The information has been given after four hours of the occurrence. However, during investigation the son of the informant stated that he saw two persons having fired at the deceased one of which was petitioner No. 1. The submission is that had it been so, the said eye-witness being the informant’s son would have disclosed this fact to the father who gave the fardbeyan after four hours of the occurrence only suspecting the petitioners also - 2 - because he himself had claimed that he came to the place of occurrence once again after the accused had fled away. Moreover, it is submitted that the occurrence is alleged to have taken place on account of the fact that the petitioner No. 1’s brother Manoj Rai was allegedly killed by the informant and his son and in retaliation the present occurrence took place and therefore in the First Information Report the informant has cast suspicion against the petitioners. In view of such and the fact that the petitioners are in custody since 13.11.2009, let the petitioners above named who are in custody since 13.11.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Amnour P.S. Case No. 18 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 also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the bailor - 3 - 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. (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 delays 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. The fact that the petitioners are accused only in Ekma P.S. Case No. 82 of 2008 and Amnour P.S. Case No. 51 of 2005 will be verified by the Magistrate before releasing the petitioners on bail. Vikash/- (Anjana Prakash, J.)