IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26865 of 2010 1. JITTAN RAI, S/o Ramlagan Rai. 2. Santosh Rai, S/o Ram Lagan Rai. 3. Raju Rai, S/o Ram Sagar Rai. 4. Sujit Kumar, S/o Ram Sagar Rai. Versus THE STATE OF BIHAR ----------- 02. 26.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 341, 323, 504, 302 and 506/34 of the Indian Penal Code. It has been submitted that initially when the case was instituted under bailable offence the petitioners were granted bail but when charge-sheet was submitted under Section 302 IPC their bail was cancelled even though they had not misused the privilege of bail in the meanwhile. Considering the same as also that there is no specific overt act against them and they have fair antecedents, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, 2 Vaishali at Hajipur in connection with Bidupur P.S. Case No. 106 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 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 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. (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. Vikash/- (Anjana Prakash, J.)