IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24987 of 2010 1. BIHARI YADAV 2. ANIRUDH YADAV, BOTH SONS OF ADALAT YADAV Versus STATE OF BIHAR ----------- 2. 20.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 307, 324, 120B of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the accused persons surrounded the deceased and thereafter co-accused Adalat Yadav is said to have fired at the deceased on the fore head and then the petitioner Anirudh Yadav is said to have fired. However, the postmortem examination report reveals only one injury on the fore head which is specifically attributable to the co-accused Adalat Yadav. In view of such, let the petitioners above named, who are in custody since 20.5.2009, 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 Additional Sessions Judge IV, Begusarai in Sessions Trial No.251 of 2009 arising out of Balia P.S.case No.222 of 2008, subject to the conditions (i) That one of the bailors shall be the wife of the petitioners and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the - 2 - petitioners. The bailor will undertake to furnish information to the court about any change in the 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 and (iii) 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. Narendra/ ( Anjana Prakash, J. )