IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22604 of 2010 1. VIKASH YADAV, SON OF SRI KAPIL YADAV. 2. NIKESH YADAV, SON OF SRI KAPIL YADAV. Versus STATE OF BIHAR ----------- 2. 07.07.2010 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, 323, 341, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioners were granted bail by the court below on condition that one of the bailors shall be their close relative but the petitioners have no family members/close relative. It has further been submitted that the petitioners’ parents are dead and the petitioners are two brothers, both of them are accused in the present case, and, therefore, they are unable to fulfil such condition. Further submission is that the petitioners’ Phuphera brother, i.e. father’s sister’s son namely Shri Ram Yadav son of Ramdev Yadav is ready to stand surety for the present petitioners. In view of such, let the petitioners above named, 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 Sri Om Prakash, Judicial Magistrate, 1st Class, Ara, Bhojpur, in Ara Muffasil P.S. Case No. 248 of 2008 subject to the following conditions: (i) That one of the bailor shall be the 2 phuphera brother i.e. the father’s sister’s son of the petitioners. The bailor will undertake to furnish information to the Court about any change in 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 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. (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. S.Ali ( Anjana Prakash, J.)