IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40562 of 2010 1. SUBODH YADAV, SON OF CHANDRIKA YADAV 2. SAROJ YADAV, SON OF CHANDRIKA YADAV BOTH RESIDENT OF VILLAGE-SORHA, P.S.-GOVINDPUR, DISTRICT-NAWADA. …..Petitioners. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Sudish Kumar, Advocate For the State : APP. ----------- 02/ 10.11.2010 Heard learned Counsel for the petitioners and learned Counsel for the State. The petitioners are the accused of the case which has been registered under Section 307 and some other Sections of the Indian Penal Code but after death of the injured Section 302 of the Indian Penal Code was added. Allegation is that this petitioners and others namely Chandrika Yadav, Kapil Yadav, Saroj Yadav and Subodh Yadav committed various overt acts as a result thereof the informant’s husband Baleshwar Yadav and son Sanjay Yadav were injured. Submission is that there is no specific overt act against the petitioners. In Paragraph-14 of the petition, it has been clearly mentioned that the petitioners has no criminal antecedent. Considering all these aspects one of the accused Chandrika Yadav 2 was admitted to bail on 08.10.2010 in Cr. Misc. No. 34077 of 2010. Considering the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate /court concerned, Nawada in connection with Govindpur P.S. Case No. 16 of 2010 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 petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he 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 3 are implicated in any other case of similar nature after his 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 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 and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. kksinha/- (Shyam kishore Sharma, J.)