IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29066 of 2011 1. Shovi Yadav son of Shri Sidheshwar Yadav 2. Munni Yadav @ Sukhdeo Yadav son of Late Ramdhari Yadav Versus The State Of Bihar ----------- 2. 8.9.2011 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 384, 386 of the Indian Penal Code and 17 of the Criminal Law Amendment Act. It has been submitted that even though the petitioners are named in the First Information Report there is absolutely no offence mentioned in the First Information Report that they had committed. The specific assertion is that the petitioners have fair antecedents. Considering the same, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sri Naveen Kumar Thakur, Judicial Magistrate, 1st class, Hilsa, District Nalanda in connection with Islampur P.S. Case No.116 of 2010, subject to the conditions (i) That one of the bailor 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 - 2 - change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any 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 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 delays 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 if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the nature of allegations, the petitioners are directed to appear before the Superintendent of Police, Nalanda at Bihar Sharif within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioners will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of - 3 - bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Narendra/ ( Anjana Prakash, J. )