IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.44486 of 2009 UMESH YADAV, son of late Chamru Yadav Versus THE STATE OF BIHAR With Cr. Misc. No.4869 of 2010 KAILASH YADAV, son of Sudin Yadav Versus THE STATE OF BIHAR ----------- 5/ 22.03.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 302/34 and 384 of the Indian Penal Code and section 25(1-b), 26 and 27 of the Arms Act. In the First Information Report, the allegation is that the informant’s husband was shot dead by one Pawan Yadav of village- Manoharpur Nawtoliya and he was accompanied by another Pawan Yadav of village-Mansar. There is no mention of any unknown miscreants in the First Information Report. Despite the same, the petitioners have been roped in the present occurrence on the basis of suspicion at the belated stage. The petitioner Umesh Yadav is said to be accused only in one case i.e. Nathnagar P.S. case no. 289 of 2007, whereas, petitioner Kailash Yadav is said to be accused in two cases i.e. Nath Nagar P.S. case no.232 of 2002 and 165 of 2007. Under the circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with - 2 - Nathnagar (Madhusudanpur) P.S. case no.173 of 2007, 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 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (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. Before releasing the petitioners on bail, the Magistrate will verify the fact that the petitioners are accused in only those case mentioned above and not in any other case. JA/- (Anjana Prakash, J.)