IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1807 of 2010 1. BHUTTO YADAV, SON OF LATE NAGO YADAV 2. HARERAM YADAV, SON OF LATE NAGO YADAV Versus STATE OF BIHAR with Cr.Misc. No.5602 of 2010 RAMESH YADAV, SON OF LATE MEHI YADAV Versus STATE OF BIHAR ----------- 5. 13.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code. The petitioners are not named in the First Information Report and subsequently, their names were disclosed in the confessional statement of the co-accused. Thereafter, certain witnesses were examined who gave an eye witness account on the petitioner’s involvement in the occurrence. The submission is that the same is delayed without reason and it has only transpired after the names were disclosed in the confessional statement of the co-accused. Further submission is that there has been no recovery from his possession nor they have been put on Test Identification Parade and probably their complicity has arisen only on account of the criminal antecedents. In view of such, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five 2 thousand) each with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Khagaria, in Khagaria (Mansi) Rail P.S. Case No. 20 of 2008 subject to the following 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 and the other shall be the father/wife of the petitioner, whereas with regard to Bhutto Yadav and Hareram Yadav, one of the bailors shall be the wives of the petitioner apart from the close relative as stated above. 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. (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 fails 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. (v)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.)