IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30544 of 2009 DIWAKAR SHARMA, Son of Late Krishna Murari Sharma, Resident of Village-Pilkhi, Police Station Sakra Bajla, District-Muzaffarpur. Versus THE STATE OF BIHAR With Cr. Misc. No. 30583 of 2009 Ashok Rai alias Ashok Kumar Rai, Son of Late Damodar Prasad Rai, Resident of Village Siswa Bhumihar, Police Station-Nawalpur, District-West Champaran. Versus THE STATE OF BIHAR ----------- 04. 26.10.2009 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offences under Sections 302, 387 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted by the learned counsel for the petitioners that the petitioners are not named in the First Information Report and subsequently their name transpired during investigation in the statement of the confession of the co-accused, Sanjeev Kumar Singh who stated that the petitioners were also allegedly present when the planning for the present occurrence was taking place. However, there is no allegation that the petitioners participated in the - 2 - occurrence or actively contributed to the conspiracy. It has been further submitted that the petitioners have no criminal antecedent. Taking into consideration the abovementioned submissions, let the petitioners above named who are in custody since 21.06.2009 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, Bettiah in connection with Bettiah Town P.S. Case No. 166 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. (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. (iii) 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. (iv) - 3 - 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. Vikash/- (Anjana Prakash, J.)