IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9629 of 2010 1. RAJIV KUMAR @ RAJIV YADAV @ BABLU YADAV, SON OF GANESH PRASAD YADAV. 2. RANVEER KUMAR YADAV @ RANVEER YADAV, SON OF GANESH PRASAD YADAV. Versus STATE OF BIHAR ----------- 2. 18/03/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code. The petitioners were directed to be released on bail by an order dated 12.10.2009 also on the submission that they have no criminal antecedents and was, therefore, required to file an affidavit in this regard as a condition for grant of bail which they could not do since they were accused in one case each. The details of the cases have been mentioned in paragraph-3 from which it appears that the petitioner No. 1 also is an accused in a case of minor offences whereas the petitioner No. 2 has been acquitted in the case which was pending against him at the relevant time by an order dated 21.12.2009 Under the circumstances, I feel that the merits of the case are not dented by the pendency of the case mentioned above, 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 to the satisfaction of Sessions - 2 - Judge, Khagaria, in connection with Sessions Case No. 335 of 2009 arising out of Mansi P.S. Case No. 47 of 2009 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. (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)