IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1390 of 2010 1. MANOJ YADAV SON OF SHREE YADAV 2. BIHARI YADAV SON OF SHREE YADAV Versus STATE OF BIHAR With Cr.Misc. No.11828 of 2010 1. SANJAY YADAV 2. DABLU YADAV @ NAWAL YADAV, BOTH SONS OF ASHARFI YADAV @ MANI YADAV Versus STATE OF BIHAR ----------- 4. 19.5.2010 Heard learned Counsel for the petitioners, the State and the informant. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code. Considering that there is no specific overt-act against the petitioners and even though fifteen accused persons are said to have assaulted the deceased, only seven injuries have been sustained by him, which is not specifically attributable to any of the petitioners, let the petitioners above named, who are in custody since 3.9.2009 and 3.12.2009 respectively, 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, Lakhisarai in Lakhisarai P.S.case No.275 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 - 2 - 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 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )