IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41188 of 2009 1. DAYA SHANKAR DAS @ BABA, SON OF SRI KAPILESHWAR DAS 2. SACHIN RAUSHAN, SON OF GAURI SHANKAR PASWAN BOTH ARE RESIDENT OF MOHALLA CHUNNA BHATTI, P.S. UNIVERSITY, DISTRICT DARBHANGA. Versus STATE OF BIHAR ----------- 3. 8.2.2010. Heard learned counsel for the petitioners and the State. Taking into consideration the fact that on 27.11.2009, this application was posted after two months evidently for the reason that the court wanted the petitioners to be released on bail on such date, let the petitioners above named, who are in custody since 16.7.2009, be released on bail on their furnishing bond of Rs.5,000/- (five thousand)each with two sureties of the like amount each to the satisfaction of C.J.M., Madhubani in Jainagar P.S. Case No.124 of 2009, subject to the condition (A) That one the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how they are related with the petitioners (B) That the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they - 2 - N.H./ are, they shall not be released on bail. (C) 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. (D) 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 fails 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. ( Anjana Prakash,J.)