IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.46623 of 2009 1. AMARESH YADAV, 2. Rajesh Yadav, Both son of Shivnath Yadav & 3. Naresh Yadav, son of Munsi Yadav Versus STATE OF BIHAR ----------- 2/ 12.01.2010 Heard learned counsel for the petitioners, informant and the State. The petitioners seek bail in a case instituted for the offence under sections 147, 148, 149 and 302 of the Indian Penal Code. Taking into consideration the fact that there is general allegation of assault against seven named and 2-3unknow persons of having variously assaulted the deceased due to which he died, let the petitioners, above named, who are in custody since 24.8.2009 and 13.10.2009 respectively, 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 the Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Bagaha (Bhairoganj) P.S. case no. 316 of 2009, 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, and (iii) that the petitioner will give an - 2 - 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. JA/- (Anjana Prakash, J.)