IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17984 of 2010 VISHWANATH YADAV S/O LATE BACHA YADAV VERSUS THE STATE OF BIHAR With Cr.Misc. No.22001 of 2010 BIRENDRA YADAV S/O SHEODAYAL YADAV Versus STATE OF BIHAR ----------- 3. 01.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 341, 323, 324, 326, 307, 337, 504/34 of the Indian Penal Code. It has been submitted that the specific allegation of assault on the head of the deceased is upon co-accused Rajendra Yadav and Vidya Sagar Yadav, whereas there is a general allegation against the petitioners of having assaulted the deceased. The Post Mortem examination report reveals only two injuries on the head of the deceased. In view of such, let the petitioners, above named, be released on bail on furnishing 2 bail bond of Rs. 5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Hussainganj (M.H.Nagar), P.S. case no. 157/2009, subject to the conditions, (i) That one of the bailor 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 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 3 of bail on the ground of misuse, (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. Fahad. ( Anjana Prakash, J.)