IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44726 of 2009 DIWAKAR KUNWAR SON OF RAM AYODHYA KUNWAR Versus STATE OF BIHAR With Cr.Misc. No.44764 of 2009 SUDHAKAR KUNWAR SON OF RAM AYODHYA KUNWAR Versus STATE OF BIHAR ----------- 2. 15.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 341, 323, 307 and 302 of the Indian Penal Code. By an order dated 5.11.2009 passed in Cr.Misc.No.34730 of 2009 and 35415 of 2009 the petitioners had been granted bail on condition that the bailor would swear an affidavit that the petitioners were not an accused in any other case, but the said affidavit could not be given, since the petitioners were accused in Complaint case instituted for the offences u/ss.379 and 323 I.P.C. by the said informant. Taking into consideration the fact that the petitioners are accused in a complaint case for minor offences instituted by the same informant, 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 Sri S.P. Mishra, J.M.Ist class, Gopalganj in Barauli P.S.case No.43 of 2009, subject to the conditions (i) that one of the bailors will be a - 2 - close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners and (ii) 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. Narendra/ ( Anjana Prakash, J. )