IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23116 of 2010 1. LADDU GOSAIN son of Late Subedar Gosain 2. Shri Ram Gosain son of Late Subedar Gosain & 3. Ajay Gosain son of Late Subedar Gosain Versus STATE OF BIHAR ----------- 2/ 13.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 302 and other allied sections of the Indian Penal Code. It has been submitted that there is no specific overt act alleged against the petitioners in the First Information Report instituted for murder of the father of the informant for the reason that earlier the son of the informant had been kidnapped by the accused persons which matter had been reported by them. It has further been submitted that son of the informant has been examined in the earlier case instituted under section 364 Indian Penal Code, wherein, he stated that, in fact, he had not been kidnapped by any one and, therefore, the basis of the First Information Report is erroneous. In view of such, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Nokha P.S. Case No.18 of 2010, subject to the 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 bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailor shall also - 2 - 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (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. JA/- (Anjana Prakash, J.)