IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10211 of 2010 1. JAHINDRA YADAV 2. BHOLA YADAV, BOTH ARE SONS OF LATE NARSINGH YADAV Versus STATE OF BIHAR ----------- 2. 31.3.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 307/34 of the Indian Penal Code and 27 of the Arms Act. The informant has alleged that the accused persons came to him and demanded to know where Rajesh Yadav was and thereafter co-accused Dilip Yadav and an unknown person fired at him. The reason for the occurrence is that the informant’s son had been kidnapped by the accused persons in which the informant himself was a witness and, therefore, he was sought to be eliminated. It has been submitted that in fact the petitioners are not accused in the earlier case mentioned by the informant and were witnesses, who did not support the case of the prosecution and, therefore, they have been implicated suspecting them to be in collusion with the accused of that case. In view of such, let the petitioners above named, who are in custody since 19.2.2010, 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 C.J.M., Bhagalpur in - 2 - Nath Nagar (Madhusudanpur) P.S.case No.446 of 2005, 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, (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 and (iv) 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. Narendra/ ( Anjana Prakash, J. )