IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11516 of 2010 1. PULKIT MUKHIYA SON OF HALKHORE MUKHIYA 2. BINOD MUKHIYA SON OF CHOUDHARY MUKHIYA Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the State : Mr. Upendra Kumar, A.P.P. --------- 2. 19.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 341, 332, 337, 188, 427, 333 and 307 of the Indian Penal Code. Considering that the petitioners were protesting over the excesses of the police force and the submission that in the facts of the case no offence u/s.307 I.P.C. would be made out and the petitioners have no criminal antecedents, let the petitioners above named, who are in custody since 6.1.2010, 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 Chief Judicial Magistrate, Madhubani in Arer P.S.case No.38 of 2009, 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 bailor will undertake to furnish information to the court about 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 - 2 - 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, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )