IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9837 of 2010 SANJAY RAI, S/o Late Puja Rai. Versus THE STATE OF BIHAR with Cr.Misc. No.16046 of 2010 MUKESH RAI, S/o Rajendra Rai. Versus THE STATE OF BIHAR ----------- 03. 06.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 302 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act. In the First Information Report the informant stated that he heard that his brother had been shot dead by two miscreants and he suspected hands of the brother and cousin of one Satendra Singh. The petitioners are not the brother or the cousin of Satendra Singh. During investigation one witness was examined, in paragraph 50 of the case diary who stated the names of other accused persons and that one Anil Kumar Rai and Mahesh Rai shot the deceased but did not name the present petitioners. In view of such, let the petitioners, above 2 named who are in custody since 14.11.2009 and 08.11.2009 respectively 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 Dariyapur P.S. Case No. 129 of 2009 (G.R. No. 3815 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 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 3 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 in only other case besides the present one will be verified by the Magistrate before releasing the petitioners on bail. Vikash/- (Anjana Prakash, J.)