IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38756 of 2010 1. DEVAN YADAV SON OF LATE CHHOTAN YADAV 2. RANJIT YADAV SON OF BOUKU YADAV 3. BIJAL YADAV SON OF BOUKU YADAV Versus STATE OF BIHAR ----------- 5. 04.05.2011 Heard learned counsel for the petitioners and the State. It has been submitted that according to the First Information Report, there is allegation against the petitioners Nos. 1 and 2 that they had fired at the brother of the Informant i.e. the deceased, but, in the entire case diary, even the father and wife of the deceased have not supported this fact and all the villagers have stated that in fact, the deceased was a man of bad antecedents and had been killed in an unknown manner. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Khagaria, in Gogri P.S. Case No. 90 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. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not accused in any 2 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 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 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.)