IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41585 of 2009 1. SANJAY YADAV SON OF MAHENDRA YADAV 2. MAHENDRA YADAV SON OF LATE SARYUG YADAV Versus STATE OF BIHAR ----------- 2. 2.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 504, 341, 323, 324, 435, 448 and 307/34 of the Indian Penal Code. Taking into consideration the submission that in the facts of the case it does not appear to be a case u/s.307 I.P.C, since there was a free fight between the parties and a counter case was also instituted by the accused persons for the same occurrence, let the petitioners above named, who are in custody since 9.9.2009 and have no criminal antecedents, 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 Chief Judicial Magistrate, Hilsa, Nalanda in Islampur P.S.case No.137 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 genealogy as to how he is related with 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 and (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date - 2 - 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. Narendra/ ( Anjana Prakash, J. )